NAT'L PATENT DEV. CORP. v. YANOFF


57 A.D.2d 549 (1977)

National Patent Development Corporation et al., Respondents, v. I. Arthur Yanoff, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 1977


Order affirmed, with $50 costs and disbursements.

We find no triable issue of fact for submission to a jury with regard to the letter which is alleged to constitute a binding lease, and the formal lease tendered by defendant Yanoff. Whether that letter is construed to be an offer, or an agreement upon condition precedent that a formal integration incorporating the terms previously agreed upon be tendered by appellant, his performance, which varied and supplemented...

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