KALIMIAN v. MTM ASSOCIATES


280 A.D.2d 275 (2001)

720 N.Y.S.2d 120

ROUHOULLAH KALIMIAN, Plaintiff, v. MTM ASSOCIATES et al., Respondents, and SOHO OASIS, INC., Intervenor-Appellant. M&A OASIS, INC., Appellant, v. MTM ASSOCIATES et al., Respondents.

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

Decided February 1, 2001.


Intervenor-defendant Soho's cross claims against defendants-respondents seeking to enforce an alleged agreement by defendant-respondent MTM Associates (MTM) to sell the real property leased to Soho were correctly dismissed. The correspondence between the parties reflects, at most, an intent to conduct further negotiations and not to be bound until the negotiations had culminated in the execution of a formal contract. Since no such formal writing was ever executed, no binding...

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