STEFATOS v. FRED-DOUG MGR., LLC

12113- 12113A-600311/10, 12114

116 A.D.3d 419 (2014)

982 N.Y.S.2d 886

2014 NY Slip Op 2240

JOHN STEFATOS et al., Respondents, v. FRED-DOUG MANAGER, LLC, et al., Appellants.

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

Decided April 1, 2014.


The only adequately stated basis for the breach of contract claim in the amended complaint is a letter agreement dated June 1, 2003. Contrary to the trial court's conclusion, the amended complaint fails adequately to allege a breach of an oral joint venture agreement or any other agreement, oral or written, apart from the June 2003 letter.

Although the June 2003 letter is sufficiently specific and complete with respect to plaintiff James Stefatos, it lacks a material...

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