RESTAURANT CREATIVE CONCEPTS MANAGEMENT, LLC v. NORTHEAST RESTAURANT DEVELOPMENT, LLC

510805.

83 A.D.3d 1189 (2011)

920 N.Y.S.2d 816

RESTAURANT CREATIVE CONCEPTS MANAGEMENT, LLC, Respondent, v. NORTHEAST RESTAURANT DEVELOPMENT, LLC, Doing Business as VIN SANTO, Appellant. (And a Third-Party Action.).

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

Decided April 7, 2011.


MERCURE, J.P.

In May 2009, plaintiff, a limited liability corporation formed by third-party defendant, Michael Barry, entered into a contract with defendant, the owner of a restaurant known as Vin Santo Wine Bar. Pursuant to the contract, plaintiff would operate and manage the restaurant in exchange for a fee equivalent to the restaurant's gross profit less $20,000 per month. The contract provided that its term would begin on the later of two dates: an unspecified...

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