Was Hand-Written Note an Enforceable Contract of Sale?
Andres Tobon sued Pita Off The Corner, Inc., Falafel Off the Corner, Inc. Leor Yohanan, Miriam Yohanan and other members of their family for breach of contract, unjust enrichment, and fraud, arising from the failed sale of a Manhattan falafel restaurant. Tobon moved for summary judgment on his second and third causes of action in the principal sum of $50,000.
In support of his application, Tobon submitted the verified complaint. The attorney-verified answer with counterclaim; an attorney’s affirmation; a transcript of an appearance by Tobon by counsel, and Leor Yohanan, pro se, before Justice Kathryn Freed on an order to show cause filed by Tobor in a prior action; and a one-page, undated, handwritten document signed by Leor and purporting to memorialize the terms of the sale of the falafel restaurant to him.Continue reading