Royal Warwick S.A. v. Hotel Representative, Inc.

Order, Supreme Court, New York County (Faul G. Feinman, J.), entered March 2, 2012, which granted defendants’ motion to dismiss to the extent of dismissing the second cause of action, only as to any claims for dividends under the parties’ Reservation Agreement, and the fourth cause of action, for an accounting, unanimously affirmed, with costs.

The court properly found that plaintiff failed to sufficiently allege “partial performance” to support a claim that the Reservation Agreement was amended to provide for the payment of dividends. Although plaintiff claims that the Reservation Agreement…