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LEGUM v. RUSSO

2014-05729

133 A.D.3d 638 (2015)

20 N.Y.S.3d 124

2015 NY Slip Op 08149

STEVEN G. LEGUM, Appellant-Respondent, v. JOE RUSSO et al., Respondents-Appellants, et al., Defendant.

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

Decided November 12, 2015.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly denied that branch of the plaintiff's motion which was for summary judgment on the second cause of action, which alleged breach of contract, insofar as asserted against the defendant RKJ Group, Inc. The essential elements of a cause of action to recover damages for breach of contract are the existence of a contract, the plaintiff...

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