ANDOR GROUP, INC. v. BENNINGHOFF


219 A.D.2d 573 (1995)

631 N.Y.S.2d 79

Andor Group, Inc., Respondent, v. David Benninghoff et al., Appellants

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

September 11, 1995


Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

Before a plaintiff may secure redress for the breach of an agreement, the promise made by the defendant must be sufficiently certain and specific so that the parties' intentions are ascertainable. Thus, an agreement to agree, which leaves material terms of a proposed contract for future negotiation, is unenforceable (see, Martin...

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