On August 23, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Desanges v. All Taxi, Inc., 2023 NY Slip Op. 33123(U), dismissing a breach of contract claim for failure to identify which terms of the contract had been breached, explaining:
Concerning the remaining causes of action, it is well settled that to succeed upon a Claim of breach of contract the
plaintiff must establish the existence of a contract, the plaintiff’s performance, the defendant’s breach and resulting damages. Further, as explained in Gianelli v. RE/MAX of New York, 144 AD3d 861, 41 NYS3d 273 [2d Dept.;. 2016], a breach of contract cause of action fails as a matter of law in the absence of any showing that a specific provision of the contract was breached.In this case the verified complaint alleges that the medallion had been transferred to a third party, consequently, the plaintiff alleges that it is indisputably that some form of breach of the agreement between the Plaintiff and Defendant All Taxi, Inc. took place which caused the unlawful transfer of the medallion in the instant matter more likely than not due· to the Defendant’s failure to maintain their obligations under the agreement with the Plaintiff thereby causing the unlawful transfer of the same. However, vague and speculative allegation, unsupported by any facts are insufficient to establish a claim of breach of contract. Thus, the complaint does not describe the alleged breach with any factual information and rather merely contains a legal conclusion. Further, the plaintiff has not pointed to any specific provision of the contract that was allegedly breached. Such complaint is insufficient to establish a cause of action.
(Internal citations omitted).