MEMORANDUM OPINION AND ORDER
MILTON I. SHADUR, Senior District Judge.
Peter Moede ("Moede") filed this suit to recover his share of the proceeds in a sale of property in which he was one of five investors. Three of the four co-investor defendants—Ronald Sandler ("Sandler"), Mitchell Miller ("Miller") and Robert Michelson ("Michelson")—have moved for partial summary judgment on their counterclaim for breach of contract.
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