NEWMAN v. BERKOWITZ


50 A.D.3d 479 (2008)

857 N.Y.S.2d 74

STEVE NEWMAN, Respondent, v. MORRELL I. BERKOWITZ, Appellant.

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

Decided April 22, 2008.


This breach of contract action should have been dismissed because defendant, as an individual, was not a party to the contract. Read as a whole, the letter agreement, which was drafted on the letterhead of defendant's professional corporation and included a schedule indicating that legal fees were to be shared between plaintiff and defendant's professional corporation, shows that the intended party was the corporation. The absence of a reference to a corporate office above...

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