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BRADBURY v. ISRAEL

Index No. 65748/19. Appeal No. 15799. Case No. 2021-02688.

204 A.D.3d 563 (2022)

168 N.Y.S.3d 16

2022 NY Slip Op 02754

John Bradbury et al., Appellants-Respondents, v. Marc Israel, Respondent-Appellant, and MiT National Land Services LLC et al., Respondents, et al., Defendant.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York (Morrell I. Berkowitz of counsel), for appellants-respondents.

Carmel, Milazzo & Feil LLP, New York (Christopher P. Milazzo, of counsel), for respondent-appellant.

Newmark Partners LP New York (David A. Paul of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

The court properly denied dismissal of the first cause of action, for breach of contract against Israel. There were at least questions of fact surrounding whether the parties had entered into a joint venture, given the creation of the LLC, the parties' longstanding business relationship, and the uncontested payments from Israel to Bradbury. This case is distinguishable from Aksman v Xiongwei Ju (21 A.D.3d 260, 260-261 [1st Dept 2005...

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