The merits of the complaint, including the enforceability of the parties' July 1, 2014 agreement, were not before the motion court, and we therefore vacate the court's statements addressed thereto. We note in addition that, notwithstanding the court's conclusion that "there is a viable claim against [plaintiff Paul Gottbetter] for a breach of the underlying agreement," no counterclaim was asserted against Paul Gottbetter for breach of the agreement.
Contrary to defendants...
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