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AQUINO v. DOUGLAS ELLIMAN REALTY, LLC

651422/16, 4699, 4698.

155 A.D.3d 472 (2017)

65 N.Y.S.3d 130

2017 NY Slip Op 08083

JOSEPH AQUINO, Appellant, v. DOUGLAS ELLIMAN REALTY, LLC, et al., Respondents, et al., Defendants.

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

Decided November 16, 2017.

The motion court correctly dismissed the first, fourth and fifth causes of action. The court appropriately determined that the complaint failed to state a breach of contract claim since it neither alleged an express nor an implied agreement that the parties mutually agreed upon. As such, there were no terms to be breached (see Peters v Accurate Bldg. Inspectors Div. of Ubell Enters., Inc., 29 A.D.3d 972...

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