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STERLING FIFTH ASSOCIATES v. CARPENTILLE CORPORATION, INC.

10 A.D.3d 282 (2004)

781 N.Y.S.2d 72

STERLING FIFTH ASSOCIATES, Respondent, v CARPENTILLE CORPORATION, INC., et al., Appellants. STERLING FIFTH ASSOCIATES, Respondent-Appellant, v CARPENTILLE CORPORATION, INC., et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided August 12, 2004.

Contrary to the motion court's finding, the letter dated November 12, 2003, from defendants' representative to plaintiff's representatives, confirming his "understanding of the compromise" reached the previous day, was not "on its face" an enforceable agreement. Although the letter set forth the terms of the proposed settlement, and indicated that plaintiff's representatives believed that third-party defendant First Stone Associates, L.P. would agree to the transaction, such...

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