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GOLKIN v. S.R.D.N. (USA), INC.

9 A.D.3d 325 (2004)

780 N.Y.S.2d 587

JEFFREY GOLKIN, Appellant, v. S.R.D.N. (USA), INC., Respondent.

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

July 29, 2004.

As the contract provides that it was not to be binding until executed and delivered but does not specify the form of delivery, and as plaintiff does not argue that delivery means receipt, the IAS court correctly held that defendant accepted plaintiff's offer to purchase when it mailed a fully executed copy of the contract to plaintiff (see Buchbinder Tunick & Co. v Manhattan Natl. Life Ins. Co., 219 A.D.2d 463, 466 [1995]) on...

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