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Martin Food Distributors, Inc. v. Berkowitz

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 2001
284 A.D.2d 240 (N.Y. App. Div. 2001)

Opinion

June 21, 2001.

Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about December 20, 2000, which, insofar as appealed from, denied defendants' motion for summary judgment dismissing plaintiffs' complaint, unanimously modified, on the law, to dismiss the cause of action for breach of contract, and otherwise affirmed, without costs.

Bijan Amini, for plaintiffs-respondents.

Jeffrey T. Golenbock, for defendants-appellants.

Before: Rosenberger, J.P., Williams, Tom, Andrias, Marlow, JJ.


The cause of action for breach of contract should have been dismissed. The record establishes that the parties did not intend any agreement between them to be binding until reduced to writing and signed by both (see, Scheck v. Francis, 26 N.Y.2d 466, 469-470). In any event, the record also establishes that the parties never did reach an understanding even as to the most basic terms of any joint venture, namely, how profits and losses were to be shared. The causes of action for quantum meruit and unjust enrichment were properly sustained upon evidence tending to show that defendants have profited from an opportunity they discovered as a result of plaintiffs' efforts, and from plaintiffs' transfer of certain property to defendants in the mistaken belief that the parties were engaged in a joint venture. The causes of action for tortious interference with contract and with prospective business relations were also properly sustained, there being triable issues of fact as to whether, inter alia, defendants had prior knowledge of the contract they allegedly interfered with, and whether they used economic coercion or other wrongful means (see, Snyder v. Sony Music Entertainment, 252 A.D.2d 294, 300) to induce plaintiffs' promisor to breach that contract.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Martin Food Distributors, Inc. v. Berkowitz

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 2001
284 A.D.2d 240 (N.Y. App. Div. 2001)
Case details for

Martin Food Distributors, Inc. v. Berkowitz

Case Details

Full title:MARTIN FOOD DISTRIBUTORS, INC., ET AL., Plaintiffs-Respondents, v. MURRAY…

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

Date published: Jun 21, 2001

Citations

284 A.D.2d 240 (N.Y. App. Div. 2001)
726 N.Y.S.2d 648

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