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Judge Kaplan http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=56971 THE PARTIES’ mother owned and lived in an apartment building transferred to defendants without consideration. Defendants allegedly agreed to share the proceeds of the building’s sale. The named defendant allegedly told plaintiff that he would receive an equitable share of the building’s rental income and that the sale proceeds would be “approximately equally” divided between the surviving siblings. The court denied dismissal of plaintiff’s complaint alleging fraud, contractual and promissory estoppel and unjust enrichment. In so doing, it deemed meritless defendants’ claim that the alleged contract to pay an “equitable” share and “approximately” one-third of the sale proceeds were unenforceable as too indefinite. The court also determined that plaintiff’s forbearance in interfering with the building’s conveyance constituted adequate consideration so that there was no gift or promise of a gift; which would have made the alleged promise to pay plaintiff a portion of the rental and sales proceeds unenforceable.

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