NEMELKA v. QUESTOR MANAGEMENT COMPANY, LLC


40 A.D.3d 505 (2007)

836 N.Y.S.2d 598

JOHN F. NEMELKA et al., Appellants, v. QUESTOR MANAGEMENT COMPANY, LLC, et al., Respondents.

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

Decided May 29, 2007.


The motion court correctly held that, notwithstanding plaintiffs' characterization of its relationship with defendants as coinvestors, partners or joint venturers, plaintiffs' claim is actually one for breach of an oral contract under which plaintiffs agreed to procure a business opportunity for defendants and defendants agreed that a portion of plaintiffs' compensation was to be in the form of a limited right to coinvest with defendants in the opportunity. So viewed, the...

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