A.E.C. Consulting & Expediting, INC v. 949 Park Development LLC

Plaintiff A.E.C. Consulting & Expediting Inc. ("Expediting") sued our client, 949 Park Development LLC ("949"), a real estate developer, for breach of contract and to obtain a court-ordered accounting to aid it in recovering certain consulting and expediting fees it claims were owed by 949. Plaintiff's claims were based on a written agreement made between 949 and non-party A.E.C. Consulting & Equity Inc. ("Equity").

We moved to dismiss the complaint, arguing that Plaintiff Expediting could not recover under an agreement to which it was not a party, that Plaintiff had no standing since it had suffered no injury in fact, and that Plaintiff failed to plead, and could not plead, a valid cause of action for an accounting. Plaintiff opposed and even cross moved for sanctions against us.

The Court agreed with our arguments and granted our motion to dismiss from the bench, explaining that the name discrepancy was not a mere misspelling, and that since Plaintiff did not, and could not, establish that it was a party to the agreement being sued on, Plaintiff could not state a viable claim against 949.

(Decision/Order dated November 20, 2014)
(Rosenberg & Estis, P.C. Team: Devin P. Kosar, for defendants)