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FARRELL LIMOUSINE SERVICE LLC v. MACRO CONSULTANTS LLC

653863/19. Appeal No. 12841. Case No. 2020-00988.

190 A.D.3d 482 (2021)

135 N.Y.S.3d 817

2021 NY Slip Op 00113

Farrell Limousine Service LLC et al., Appellants, v. Macro Consultants LLC, Respondent, et al., Defendants.

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

Decided January 12, 2021.

Attorney(s) appearing for the Case

Lazarus & Lazarus, P.C., New York ( Harlan M. Lazarus of counsel), for appellants.

Black Marjieh & Sandford LLP, Elmsford ( Dana K. Marjieh of counsel), for respondent.

Concur—Acosta, P.J., Webber, González, Scarpulla, JJ.

Based on documentary evidence, the court correctly dismissed the contract claim as currently pleaded (see generally Basis Yield Alpha Fund [Master] v Goldman Sachs Group, Inc., 115 A.D.3d 128, 135 [1st Dept 2014]). The complaint alleges that Macro breached "the Macro Agreement," which is defined as an October 2010 contract between Macro and plaintiff Farrell Limousine Service LLC (Limousine). That contract says that Macro will provide...

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