G.M. DATA CORP. v. POTATO FARMS, LLC

Nos. 7630N, 601004/08, 7630NA.

95 A.D.3d 592 (2012)

944 N.Y.S.2d 102

2012 NY Slip Op 3753

G.M. DATA CORP., Respondent, v. POTATO FARMS, LLC, Appellant, et al., Defendants.

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

Decided May 10, 2012.


In this action for breach of contract and unjust enrichment, the gravamen of plaintiff's complaint is that defendants breached the terms of three written and executed "Open Listing Agreements" by failing to pay brokerage commissions to plaintiff after selling certain membership interests or assets in defendants' companies to ready, willing and able buyers allegedly presented by plaintiff. The grounds for plaintiff's motion to strike defendants' answer are alleged violations...

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