Marc A. Stephens, appellant pro se.

Evan M. Dore, respondent pro se.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about January 25, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiffs' motion for summary judgment as to liability and granted defendants' motion for summary judgment dismissing the complaint except for the claim on the promissory note, unanimously affirmed, without costs.

Plaintiff Marc Stephens failed to establish the existence of a binding agreement between himself and defendants with regard to joint ownership of Doreway Transportation Services (DTS). Although the record contained a draft written agreement granting Stephens a minority ownership interest in DTS, Stephens failed to establish that it was validly executed. For this reason, the court properly dismissed plaintiffs' breach of fiduciary duty claim, conversion claims and tortious interference with contract claim as well as their other claims. Concur—Friedman, J.P., Gische, Webber, Gesmer, Oing, JJ. [Prior Case History: 2016 NY Slip Op 30243(U).]