ROYAL WARWICK S.A. v. HOTEL REPRESENTATIVE, INC.

10008, 650531/11.

106 A.D.3d 451 (2013)

965 N.Y.S.2d 409

2013 NY Slip Op 3379

ROYAL WARWICK S.A., Appellant, v. HOTEL REPRESENTATIVE, INC., et al., Respondents.

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

Decided May 9, 2013.


The court properly found that plaintiff failed to sufficiently allege "partial performance" to support a claim that the Reservation Agreement was amended to provide for the payment of dividends. Although plaintiff claims that the Reservation Agreement was modified to include the payment of dividends, plaintiff's allegations in the complaint are based almost exclusively on its reliance on statements contained in the minutes of nonparty Consortium HR's annual meetings. However...

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