S.L.S.M.C., INC. v. BRUCE S. BRICKMAN & ASSOCIATES, INC.


277 A.D.2d 184 (2000)

716 N.Y.S.2d 662

S.L.S.M.C., INC., Appellant, v. BRUCE S. BRICKMAN & ASSOCIATES, INC., et al., Respondents. (And a Counterclaim Action.)

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

Decided November 30, 2000.


Plaintiff's principal's subjective interpretation of the parties' preliminary discussions fails to raise an issue of fact as to the formation of an oral joint venture. Nor is such an issue raised by plaintiff's April 30, 1998 letter to defendants, which, if anything, shows that the parties did not intend to be bound to each other without a further, lawyer-prepared writing (see, Chatterjee Fund Mgt. v Dimensional Media Assocs., 260 A.D.2d 159

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