MEMORANDUM & ORDER P laintiff Edith Cooper brings this action against Defendant Ada S. Cooper for alleged breach of a loan agreement. Defendant moves to dismiss for failure to state a claim, or in the alternative for summary judgment, under Federal Rules of Civil Procedure 12 and 56. For the following reasons, Defendant’s motion is DENIED in part and GRANTED in part. I. BACKGROUND The court constructs the following statement of facts from the parties’ Local Rule 56.1 Statements and the other admissible evidence submitted. Except where otherwise noted, the following facts are undisputed. Where the parties allege different facts, the court notes the dispute and credits Plaintiff, as the non-moving party, if her assertion is supported by evidence in the record. All evidence is construed “in the light most favorable to the nonmoving party” with “all reasonable inferences [drawn] in its favor.” ING Bank N.V. v. M/V Temara, IMO No. 9333929, 892 F.3d 511, 518 (2d Cir. 2018).1 For the purposes of the motions to dismiss, the court considers only facts alleged in the Amended Complaint as well as documents attached to it or incorporated by reference, all of which the court accepts as true in that posture. See Harris v. Mills, 572 F.3d 66, 71 (2d Cir. 2009). Plaintiff and Defendant are sisters, once very close but now estranged. (Am. Compl. 1 (Dkt. 42); see also Pl.’s Rule 56.1 Statement Response (“Pl’s 56.1″) (Dkt. 55-29) 1.) Plaintiff is a member of the board of directors of Amazon and PepsiCo, and a former executive at Goldman Sachs. (Am. Compl. 8; Pl.’s 56.1 5.) Defendant is a former lawyer who received her J.D. from Harvard Law School and practiced for 14 years before changing careers and becoming a dentist. (Am. Compl. 9; Pl.’s 56.1 3.) Over the years, Plaintiff both loaned and gifted money to Defendant on several occasions in various amounts. (Am. Compl. 1; Pl.’s 56.1
10-11.) Beginning in 2014, Plaintiff and her husband began urging Defendant to sign a loan agreement memorializing a combination of three of the sums Defendant had previously received from Plaintiff. (Am. Compl.
