Reserve Hotels PTY Ltd. v. Mavrakis

Dist. Ct. did not err in dismissing for failure to state viable cause of action plaintiff’s action alleging that defendant breached terms of settlement agreement arising out of his failure to make two settlement payments. Settlement agreement required that plaintiff dismiss cause of action it had filed against defendant in Greece, and plaintiff failed to allege in its complaint that said dismissal had actually occurred so as to trigger defendant’s obligation to make settlement payments. Fact that plaintiff had alleged its “belief” that said dismissal had occurred was insufficient to state viable cause of action that otherwise required allegation of actual dismissal. (Dissent filed.)