RETAIL CONSULTING SERVICES, INC. v. NEW TSI HOLDINGS, INC.

Index No. 651518/21. Appeal No. 16251-16251A. Case Nos. 2021-04686, 2022-02303.

208 A.D.3d 1115 (2022)

176 N.Y.S.3d 6

2022 NY Slip Op 05295

Retail Consulting Services, Inc., Doing Business as RCS Real Estate Advisors, Appellant, v. New TSI Holdings, Inc., et al., Respondents, et al., Defendants.

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

Decided September 27, 2022.


Attorney(s) appearing for the Case

Wilk Auslander LLP, New York ( Stuart M. Riback of counsel), for appellant.

Amini LLC, New York ( Jeffrey Chubak of counsel), for New TSI Holdings, Inc., New TSI Ultimate Holdings Inc., PEAK Credit LLC, Le-Percq de Neuflize & Co. Inc., 507 Capital LLC and Integrity Square LLC, respondents.

DLA Piper LLP, New York ( Marc A. Silverman of counsel), for Tacit Capital LLC, respondent.

Davidoff Hutcher & Citron LLP, New York ( Joshua Krakowsky of counsel), for Coalition Investment Partners LP, respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.


Plaintiff contracted with Fitness Recovery Holdings, LLC (FRH) to act as broker for FRH's purchase of the assets of a third-party bankruptcy estate. When the FRH purchase fell through, plaintiff alleges it continued its negotiations services on behalf of defendants, a consortium of FRH affiliates and lenders, one of which became the ultimate purchaser.

The court properly dismissed the breach of implied contract claim against...

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