Karmely v. Wertheimer, No. 12-3781 (2d Cir. 2013)Annotate this Case
Plaintiffs filed suit against defendants seeking monetary damages for breach of loan documents; tortious interference with contract; breach of an operating agreement; account stated; breach of fiduciary duty; and promissory estoppel. On appeal, plaintiffs challenged the district court's grant of defendants' motion to dismiss. At issue was an agreement for a loan from a lender to himself and his partner. The court vacated and remanded, concluding that the documents at issue were ambiguous and precluded dismissal of the complaint.