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WEKSLER v. WEKSLER

603288/07, 1282, 652843/11, 1281.

140 A.D.3d 491 (2016)

33 N.Y.S.3d 247

2016 NY Slip Op 04661

LISA J. WEKSLER, Individually and as a Shareholder of BRUCE SUPPLY CORP. and a Member of 6015 16TH AVENUE REALTY LLC and in the Right of and on Behalf of BRUCE SUPPLY CORP. and Another, Respondent, v. JOSEPH WEKSLER, in His Personal Capacity and as Guardian for MATTHEW WEKSLER and Another under the Unform Gifts to Minors Act, et al., Appellants, et al., Defendants. In the Matter of LISA J. WEKSLER, Respondent, v. JOSEPH WEKSLER et al., Appellants.

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

Decided June 14, 2016.

The alleged oral agreement between plaintiff, on the one hand, and Joseph and Bruce, on the other, is not too indefinite to be enforced. Rejecting an agreement as indefinite is a last resort (see e.g. Cobble Hill Nursing Home v Henry & Warren Corp., 74 N.Y.2d 475, 485 [1989], cert denied 498 U.S. 816 [1990]). The alleged agreement was that Joseph and Bruce (plaintiff's brothers) and nonparty Jack Weksler (the parties'...

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