Legal Question in Civil Litigation in New York

Are the words (in emails and tape-recordings) of someone enough proof, or is more supportive evidence needed?

FAMILY BUSINESS DISPUTE

A few years ago a family member of mine inherited $750,000 in real estate, that when sold would be taxed at a rate of up to 30% (capital gains). or $225,000. I was a Realtor at the time and informed them that they could avoid the tax if they were to reinvest the money into "income producing properties" (apartment buildings), and we decided to go into business together. We agreed that I would help sell the inherited real estate, facilitate having the money placed with the proper "1031 tax-deferred" accounting company, locate and evaluate replacement properties (apartment buildings and multifamily homes), and manage and maintain the properties after we buy them. We agreed to split the profits from this partnership venture 50/50.

Well, after a couple of years spent performing my end of the deal, helping sell the inherited property, getting the money into the proper account, and locating viable replacement properties, my partner has now refused to go forward... We had our final meeting at her accountants office (the accountant that she hired specifically to review, and approve or deny the replacement properties I was presenting). and after her accountant gave her approval to the property I had proposed (after months of review on many possible properties) my partner quite simply decided not to go forward, to my surprise as well as her accountants.

Since then, because this is a family business partnership and the agreement was verbal, I have taken steps to prove my claims should this go to court. I have saved emails and tape-recorded conversations in which my partner admits to the existence of our "partnership", the terms of our agreement, and the fact that she breached her fiduciary duties to the partnership and why (an apparent overwhelming fear of committing to any of the purchases).

Because of the mountain of evidence I have, ranging from the potential testimony of my partners own accountant, to my partner herself admitting to the partnership, it's terms, and her breach, I'm hoping to locate an attorney who is willing to file suit for me on a contingency basis (percentage of judgment), and not an hourly fee.

I also believe that there is a strong chance that this case might end up getting resolved in mediation, and if so I would of course be willing to negotiate a fee for that result.

Please email me if you are interested, or have any questions.

Thanks.

Chris

[email protected]

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