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OFFSHORE EXPLORATION & PROD., LLC v. DE JONG CAPITAL, LLC

Index No. 653659/21, Appeal No. 1810, Case No. 2023-03235.

2024 NY Slip Op 01254

OFFSHORE EXPLORATION AND PRODUCTION, LLC, Plaintiff-Appellant-Respondent, v. DE JONG CAPITAL, LLC, Defendant-Respondent-Appellant.

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

Decided March 7, 2024.

Attorney(s) appearing for the Case

Reitler Kailas & Rosenblatt, LLP, New York ( Leo G. Kailas of counsel), and Hanszen Laporte, LLP, Houston, TX ( Matthew S. C. Hansel of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellant-respondent.

Katsky Korins LLP, New York ( Daniel R. Walfish of counsel), for respondent-appellant.

Before: Renwick, P.J., Webber, Kennedy, Pitt-Burke, Michael, JJ.

Order, Supreme Court, New York County (Robert R. Reed, J.), entered May 31, 2023, which, to the extent appealed from as limited by the briefs, granted defendant's motion to dismiss the partnership-related claims (the second, third, and fourth causes of action, together, the partnership claims), found that damages for lost profits were not recoverable on plaintiff's claim for fraud, and denied defendant's motion to dismiss the causes of action for fraud and promissory estoppel...

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