RNK CAPITAL LLC v. NATSOURCE LLC

603483/06, 3133, 3134

76 A.D.3d 840 (2010)

907 N.Y.S.2d 476

RNK CAPITAL LLC et al., Appellants-Respondents, v. NATSOURCE LLC et al., Respondents-Appellants, et al., Defendant.

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

Decided September 7, 2010.


As the motion court ultimately recognized in its order rendered on the motion in limine, the breach of contract claim is barred by the statute of frauds (General Obligations Law § 5-701[a][10]), as the e-mails relied on by plaintiffs demonstrate that the parties did not reach agreement to enter into a broker/principal relationship or on the essential term of the putative broker's compensation, and intended that any agreement reached be reduced to a formal writing (

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