McCarthy v. Young

Accepting the allegations of the complaint as true, according the plaintiffs the benefit of every favorable inference, and determining only whether the facts alleged “fit within any cognizable legal theory” (Sokoloff v Harriman Estates Dev. Corp., 96 NY2d 409, 414 [2001]; see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the complaint sets forth a cognizable cause of action to recover damages for breach of contract against the defendant Steven W. Young, doing business as Steven W. Young, G.C. The subject contract did not clearly state that it was entered into between the plaintiffs and the…