Guerrero v. West 23RD Street Realty, LLC
| Decision Date | 15 November 2007 |
| Docket Number | 2084.,2083. |
| Citation | 2007 NY Slip Op 08881,45 A.D.3d 403,846 N.Y.S.2d 41 |
| Parties | WILLIAM GUERRERO et al., Appellants, v. WEST 23RD STREET REALTY, LLC, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
The causes of action for breach of contract were properly dismissed on defendants' CPLR 3211 motion. Even assuming that the agreement for building management services was modified either orally or by the parties' conduct, the modification, which would have permitted automatic renewal for consecutive one-year periods unless terminated by either party upon 60 days' notice prior to the expiration of the term of the agreement, is rendered unenforceable by General Obligations Law § 5-903 (see Harris v Adams & Co. Real Estate, 62 Misc 2d 749, 753 [1970]).
The claim for equitable estoppel was also properly dismissed. To the extent that this claim is based on the alleged renewal of the agreements, it is duplicative of the breach of contract causes of action (see William Kaufman Org. v Graham & James, 269 AD2d 171, 173 [2000]). To the extent that it is based on the expenditures plaintiffs made in preparation for signing a lease, the claim fails because the lease agreement apparently was never reduced to writing (see Youz Films v Just Born, Inc., 69 AD2d 778 [1979] []).
We have considered plaintiffs' additional arguments and find them unavailing.
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...New York law rejects attempts to repackage breach of contract claims in equitable estoppel guise. See Guerrero v. West 23rd Street Realty, LLC, 846 N.Y.S.2d 41, 42 (N.Y. App. Div. 2007) ("The claim for equitable estoppel was also properly dismissed. . . . [I]t is duplicative of the breach o......
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