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LEATHER v. UNITED STATES TRUST COMPANY OF NEW YORK

279 A.D.2d 311 (2001)

720 N.Y.S.2d 448

RICHARD LEATHER, Appellant-Respondent, v. UNITED STATES TRUST COMPANY OF NEW YORK et al., Respondents-Appellants.

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

Decided January 11, 2001.

Although, under the contract cause of action, the complaint mentions only "a series of contracts and agreements" entered into in or about March 1992, plaintiff's affidavit in opposition makes clear (see, Leon v Martinez, 84 N.Y.2d 83, 88) that he is alleging an oral agreement with defendant entered into in the early stages of their relationship. Such claim has support in the June 1991...

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