Sarachek v. Fortgang
Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Partnow, J.), dated December 17, 2008, as granted the joint motion of the defendant Chaim Fortgang, and Silver Point Capital, L.E, Silver Point Europe, LLP, Silver Point Group, LLP, and Alvarez & Marsal Europe, Ltd., pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
Contrary to the plaintiffs’ contention, they failed to allege a contractual relationship with the defendants Chaim Fortgang, Silver Point Capital, L.P., Silver Point Europe, LLP Silver Point Group, LLP and Alvarez & Marsal Europe, Ltd. (hereinafter collectively the Silver Point defendants) (see generally Hamlet at Willow Cr. Dev. Co., LLC v Northeast Land Dev. Corp., 64 AD3d
Further, the Supreme Court properly granted that branch of the Silver Point defendants’ motion which was to dismiss the cause of action to recover damages for unjust enrichment insofar as asserted against them (see Lakeville Pace Mech. v Elmar Realty Corp., 276 AD2d 673, 676 [2000]). Additionally, the Supreme Court properly granted those branches of the motion which were to dismiss the causes of action to recover damages for tortious interference (see Allerand, LLC v 233 E. 18th St. Co., L.L.C., 19 AD3d 275, 277-278 [2005]), breach of fiduciary duty (see Ozelkan v Tyree Bros. Envtl. Servs., Inc., 29 AD3d 877, 879 [2006]), conversion (see Selinger Enters., Inc. v Cassuto, 50 AD3d 766, 768 [2008]), and promissory estoppel (cf. Williams v Eason, 49 AD3d 866, 868 [2008]) insofar as asserted against the Silver Point defendants.
The plaintiffs’ remaining contentions are without merit. Mastro, J.P., Santucci, Belen and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.