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Melnitzky v. Rose
Citation: 148 F. App'x 11Docket: Docket No. 04-2701
Court: Court of Appeals for the Second Circuit; August 9, 2005; Federal Appellate Court
The judgment of the district court is affirmed in part and vacated in part, with a remand for further proceedings regarding the breach of contract claim. Michael Melnitzky, proceeding pro se, appealed a January 2004 order from the United States District Court for the Southern District of New York that dismissed his complaint against Rose for failure to state a claim. The court reviewed the dismissal de novo, assuming all factual allegations were true and construing the complaint broadly in favor of the plaintiff. Melnitzky's claims included breach of contract, fraud, defamation, civil conspiracy, and prima facie tort. The district court dismissed all claims, asserting that Rose was merely an agent of the Kaufmans and/or the Estate, thus not personally liable under New York law unless he intended to be bound personally. Melnitzky's appeal focused solely on the breach of contract claim, leading the court to consider the other claims abandoned. The appellate court found sufficient factual allegations to support the argument that Rose acted on his own behalf rather than as an agent, warranting a reversal of the dismissal of the breach of contract claim. Consequently, the court vacated the district court’s judgment regarding this claim and remanded it for further proceedings, while affirming the dismissal of the remaining claims.