Kallen v. Delug

Opinion

SPENCER, P. J.

Introduction

Defendant Samuel P. Delug 1 appeals from a summary judgment entered in favor of plaintiff Norman H. Kallen on the first and second causes of action of plaintiff’s second amended complaint, alleging respectively the breach of an oral contract and the breach of a written contract.

Procedural Background

In January 1979, plaintiff filed a complaint against defendant and others, alleging nine separate causes of action on various theories, including breach of contract, fraud and quantum meruit. Following assorted procedural rulings, defendant answered plaintiff’s…