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LO CASCIO v. AQUAVELLA MD, PC

206 A.D.2d 96 (1994)

Joseph A. Lo Cascio, III, Respondent, v. James V. Aquavella, M.D., P. C., et al., Appellants

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

November 16, 1994

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, Rochester (Robert B. Calihan of counsel), for appellants.

Harter, Secrest & Emery, Rochester (Jeffrey P. Stone and Thomas Smith of counsel), for respondent.

GREEN, J. P., BALIO, FALLON and DOERR, JJ., concur.

BOEHM, J.

The issue raised in this appeal is whether defendants, James V. Aquavella, M.D., P. C., a professional corporation (the Company), and James V. Aquavella, M.D. (Aquavella), are liable to plaintiff for breach of their contract set forth in a letter of intent. Supreme Court held that defendants are liable to plaintiff under the terms of the letter of intent. In our view, that determination was premature...

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