Plaintiffs commenced this action seeking to recover damages based upon breach
of an oral joint venture agreement and unjust enrichment.
Defendants seek summary judgment claiming that the within action is governed
by a written co-broker agreement that was executed by Wolf on behalf of Touch Air and
by Zoldan on behalf of Launch 3 on August 3, 2002. Pursuant to the cobroker
agreement, Defendants claim that Touch Air was merely a "broker" entitled to receive
compensation or a commission based upon introductions to Launch 3. In other words,
Defendants contend that the parol evidence rule bars the introduction of any extrinsic
evidence which seeks to vary, alter or contradict the terms of the written cobroker
agreement.