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LIPSZTEIN, M.D. v. DONOVAN, M.D.

289 A.D.2d 51 (2001)

734 N.Y.S.2d 130

ROBERTO LIPSZTEIN, M.D., et al., Appellants-Respondents, v. CARMEL DONOVAN, M.D., et al., Respondents-Appellants.

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

Decided December 6, 2001.

The trial court correctly determined, based upon the totality of the circumstances (see, Lehrer McGovern Bovis v New York Yankees, 207 A.D.2d 256, 259), including the conduct of the parties after the document was executed (see, Federal Ins. Co. v Americas Ins. Co., 258 A.D.2d 39, 44), that the parties' letter of intent did not create a binding partnership agreement. While the letter stated...

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