Restaurant Creative Concepts Management, LLC v. Northeast Restaurant Development, LLC

Mercure, J.P.

Appeal from an order of the Supreme Court (Perradino, J.), entered March 22, 2010 in Saratoga County, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint.

In May 2009, plaintiff, a limited liability corporation formed by third-party defendant, Michael Barry, entered into a contract with defendant, the owner of a restaurant known as Vin Santo Wine Bar. Pursuant to the contract, plaintiff would operate and manage the restaurant in exchange for a fee equivalent to. the restaurant’s gross profit less $20,000 per month. The contract…