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Bit Parts

By Stan Soocher
February 24, 2010

Complaint over Oral Agreement for TV-Network Work Is Dismissed

The U.S. District Court for the Southern District of New York dismissed a suit against George Steinbrenner that alleged the New York Yankees owner failed to live up to an oral agreement regarding the role of plaintiff Robert M. Gutkowski, former Madison Square Garden president, in the creation and operation of the televised Yankees Entertainment and Sports Network. Gutkowski v. Steinbrenner, 09 Civ. 7535(RJS). Gutkowski had met with Steinbrenner and other New York Yankees executives over several years. But District Judge Richard J. Sullivan found: “First, Plaintiff fails to plead adequately the compensation term of the putative agreement, which precludes Plaintiff from asserting his claim for breach of contract. Second, the purported oral agreement is unenforceable under New York's statute of frauds, which bars Plaintiff's breach of contract and quasi-contract claims. Third, Plaintiff's claim for fraudulent inducement fails to state a cause of action independent from Plaintiff's breach of contract claim. Fourth, all of Plaintiff's claims are untimely pursuant to New York's statute of limitations.” On the breach-of-contract claim, District Judge Sullivan specifically noted “that Plaintiff's allegations that Defendant promised that Plaintiff would be 'compensated fairly' or 'fairly compensated,' in conjunction with the allegation that 'one measure' to calculate this 'fair and reasonable value' is a two to three percent equity interest 'traditionally paid to persons providing the kind of services provided by Plaintiff to Defendant,' are insufficiently definite as a matter of law.” The district also further explained: “An unwritten agreement 'to pay compensation for services rendered ' in negotiating the purchase [of] ' a business opportunity ' or an interest therein' is void under New York's statute of frauds [N.Y. Gen. Oblig. L. '5-701(a)(10)].” 

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