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FOSTER v. KOVNER

44 A.D.3d 23 (2007)

840 N.Y.S.2d 328

RICHARD N. FOSTER, Appellant, v. BRUCE KOVNER et al., Respondents.

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

July 19, 2007.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore LLP, New York City (John E. Beerbower of counsel), for appellant.

Kasowitz, Benson, Torres & Friedman LLP, New York City (Marc E. Kasowitz, Daniel R. Benson, Brian S. Kaplan and Allison S. Weiss of counsel), for respondents.

SULLIVAN, WILLIAMS, SWEENY and MALONE, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.P.

Plaintiff alleges breach of an oral compensation agreement, breach of an oral joint venture or partnership agreement, unjust enrichment in quantum meruit, promissory estoppel, and breach of fiduciary duty. He claims to have personally raised from various sources $800 million of the $1 billion for defendant Caxton Health Holdings (CHH) by December 31, 2004. Defendants moved to dismiss on the grounds that the March 18, 2004...

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