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LEONARD v. GATEWAY II, LLC

1592, 113232/07

68 A.D.3d 408 (2009)

2009 NY Slip Op 8866

890 N.Y.S.2d 33

LAVERNE M. LEONARD, Appellant, v. GATEWAY II, LLC, et al., Respondents, et al., Defendant.

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

Decided December 1, 2009.

The court properly dismissed the breach of contract claims against all defendants except Gateway II, since plaintiff was not in privity with any of the other defendants (see generally Residential Bd. of Mgrs. of Zeckendorf Towers v Union Sq.-14th St. Assoc., 190 A.D.2d 636, 637 [1993]). The purchase agreements were unequivocally executed by Gaetano solely on behalf of Gateway II, and plaintiff...

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