LARUFFA v. FLEET BANK, N.A.


260 A.D.2d 299 (1999)

689 N.Y.S.2d 59

FRANK LARUFFA et al., Appellants, v. FLEET BANK, N.A., Respondent, et al., Defendants.

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

Decided April 27, 1999.


The complaint, seeking damages for breach of an alleged agreement to assign a mortgage to plaintiff Continental Capital Corporation, was properly dismissed because there was no enforceable agreement to that effect between the parties. Indeed, in a preliminary letter agreement, the parties explicitly stated their intention not to be bound to any "understanding or agreement" until the terms were reduced to a writing signed by all of the parties. No such signed writing was ever...

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