Quiroz v. TSOULOS

• Decision Date: 27 March 2003
• Citation: 755 N.Y.S.2d 849,303 A.D.2d 331
• Court: New York Supreme Court — Appellate Division
• Parties: EDDIE QUIROZ et al., Appellants, et al., Plaintiff,<BR>v.<BR>GUS TSOULOS et al., Respondents.

303 A.D.2d 331

755 N.Y.S.2d 849

EDDIE QUIROZ et al., Appellants, et al., Plaintiff,

v.GUS TSOULOS et al., Respondents.

Decided March 27, 2003.

Concur — Tom, J.P., Mazzarelli, Sullivan, Williams and Gonzalez, JJ.

The affidavits submitted by plaintiff provide sufficient indication that the alleged agreements were reasonably certain as to their material terms to sustain plaintiffs' causes for breach of contract as against defendants' motion to dismiss for failure to state a cause of action (see Leon v Martinez, 84 NY2d 83 [1994]). Dismissal of plaintiffs' negligence and/or fraud claim, however, was proper since the complaint and supporting submissions provide no basis to differentiate that claim from plaintiffs' claims for breach of contract (see id.; and see Orix Credit Alliance v R.E. Hable Co., 256 AD2d 114 [1998]).

Plaintiffs, having made no showing of irreparable harm, were properly denied injunctive relief (see Greater Miami Baseball Club Ltd. Partnership v National League of Professional Baseball Clubs, 193 AD2d 513 [1993], lv dismissed in part and denied in part 82 NY2d 800 [1993]).