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ODONATA LTD. v. BAJA 137 LLC

Index No. 654257/21, Appeal No. 16203, Case No. 2022-00553.

206 A.D.3d 567 (2022)

171 N.Y.S.3d 93

2022 NY Slip Op 04128

Odonata Ltd., Doing Business as Cowlicks Japan, Appellant, v. Baja 137 LLC, Respondent.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Dilworth Paxson, New York ( Ira N. Glauber of counsel), for appellant.

Hamra Law Group, P.C., Great Neck ( Kevin S. Johnson of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ.

The motion court properly dismissed the causes of action for breach of contract, specific performance, breach of the implied covenant of good faith and fair dealing, and promissory estoppel. The documentary evidence, including email correspondence, shows that there was no valid and enforceable agreement between the parties (see CPLR 3211[a][1]; Kolchins v Evolution Mkts., Inc., 128 A.D.3d 47

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