Segal v. Cooper

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 28, 2011, which denied defendants’ motion for summary judgment dismissing the amended complaint, unanimously modified, on the law, to grant the motion as to the third and sixth causes of action, and otherwise affirmed, without costs.

The court properly declined to dismiss plaintiff Segal’s breach of contract claim. It is true that “[a] contract cannot be implied in fact . . . where there is an express contract covering the subject-matter involved” (Miller v Schloss, 218 NY 400, 406-407 [1916] [emphasis ommitted]).…