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Firm Obtains Dismissal of Lawsuit Seeking Partition of 36-Acre Parcel in Old Brookville

The Firm recently obtained summary judgment in Nassau County Supreme Court on behalf of a client in a case involving a 36-acre parcel of land in Old Brookville. The land was owned by a Delaware limited liability company that was controlled by two cousins. The operating agreement obligated the cousins to partition the property into two (2) 18-acre parcels in substantial accordance with a proposed partitioning sketch attached to the agreement, and then to convey one parcel to one cousin and the other parcel to the other cousin. The agreement, however, required the cousins to agree on the final location of the partitioning line between the two proposed parcels, and to obtain municipal approval of the finally agreed-upon partitioning line. After years of study, the cousins were unable to reach an agreement on the location of the final partitioning line because they disagreed on where to put an access road on the property. One cousin then insisted that the other cousin was obligated to proceed with a partitioning of the property in accordance with the partitioning line shown on the proposed partitioning sketch and commenced a breach of contract action in Nassau County Supreme Court against the other cousin. The Firm was retained to represent the defendant cousin in the lawsuit.

After answering the complaint, the Firm filed a motion for summary judgment on behalf of the defendant cousin, arguing, among other things, that the partitioning provision in the operating agreement was an unenforceable agreement-to-agree because it was missing a material term, the final location of the partitioning line, and there was no objective methodology or formula that the parties had agreed upon that the Court could turn to supply the missing term. The Nassau County Supreme Court agreed, and dismissed the lawsuit.

The matter was handled by Jon A. Ward, Andrew Roth, and Joseph Bjarnson.

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