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ALLOY ADVISORY, LLC v. 503 W. 33RD ST. ASSOC., INC.

Index No. 654753/17. Appeal No. 14001. Case No. 2020-03567.

195 A.D.3d 436 (2021)

144 N.Y.S.3d 854

2021 NY Slip Op 03520

Alloy Advisory, LLC, et al., Respondents, v. 503 West 33rd Street Associates, Inc., et al., Appellants.

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

Decided June 3, 2021.

Attorney(s) appearing for the Case

Mitchell Silberberg & Knupp LLP, New York ( Paul D. Montclare , of counsel), for appellants.

Sullivan & Worcester LLP, New York ( George O. Richardson, III , of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Oing, JJ.

The elements of a breach of contract claim are (1) the existence of a contract, (2) the plaintiff's performance, (3) the defendant's breach, and (4) resulting damages (Harris v Seward Park Hous. Corp., 79 A.D.3d 425, 426 [1st Dept 2010]). It is undisputed that the agreement constituted a contract and that plaintiffs performed under that contract by exchanging a term sheet (a 2014 letter of intent) with the prospective designated...

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