TUTORA v. SIEGEL


40 A.D.3d 227 (2007)

833 N.Y.S.2d 385

EUGENE TUTORA, Appellant, v. IRWIN SIEGEL, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 1, 2007.


Accepting the factual allegations raised in the complaint and in plaintiff's affidavit in opposition to the motion as true (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), the court properly determined that no breach of contract claim was stated against Siegel. The pleadings failed to allege the existence of a contract between plaintiff and Siegel, who was acting on behalf of the fully...

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