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METROPOLITAN STEEL INDUSTRIES, INC. v. CITNALTA CONSTRUCTION CORP.

302 A.D.2d 233 (2003)

754 N.Y.S.2d 278

METROPOLITAN STEEL INDUSTRIES, INC., Appellant, v. CITNALTA CONSTRUCTION CORP. et al., Respondents.

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

Decided February 11, 2003.

Plaintiff's breach of contract claim was properly dismissed since it is undisputed that the parties were aware that there would be no binding agreement until their execution of a written subcontract, which never occurred (see Scheck v Francis, 26 N.Y.2d 466, 469-470). Indeed, plaintiff's return of the proposed subcontract to Citnalta with significant modifications, including a change as to the price for its services, constituted...

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