OFFIT v. HERMAN

15757, 157768/14.

132 A.D.3d 409 (2015)

16 N.Y.S.3d 737

2015 NY Slip Op 07056

MICHAEL OFFIT et al., Appellants, v. JULIAN MAURICE HERMAN, Respondent.

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

Decided October 1, 2015.


Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 15, 2014, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, without costs.

Plaintiffs contend that a memorandum of understanding (MOU) that they and defendant signed was a "Type II" agreement under federal case law, requiring defendant to negotiate in good faith to finalize a settlement of various lawsuits among...

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