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BROWN v. CARA

Docket No. 04-5968-CV.

420 F.3d 148 (2005)

Jeffrey M. BROWN and Jeffrey M. Brown Associates, Inc., Plaintiffs-Appellants, v. Charles CARA and Tracto Equipment, Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 28, 2005.

Attorney(s) appearing for the Case

Steven Barshov, Sive, Paget & Riesel (Steven C. Russo and Suzanne Joyce, on the brief), New York, NY, for Plaintiffs-Appellants.

Donald F. Schneider, Schneider Goldstein Bloomfield LLP, New York, NY, for Defendants-Appellees.

Before: STRAUB and SACK, Circuit Judges, KRAVITZ, District Judge.

STRAUB, Circuit Judge.

Plaintiffs appeal from a partial grant of summary judgment, dismissing all claims against Defendant-Appellee Tracto Equipment, Corp., and all contract claims against Defendant-Appellee Charles Cara. We hold that the grant of summary judgment as to Tracto was premature and therefore vacate that portion of the District Court Order. We further hold that, while the preliminary agreement is not enforceable...

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