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PROSPECT STREET VENTURES I, LLC v. ECLIPSYS SOLUTIONS CORP.

21 A.D.3d 256 (2005)

800 N.Y.S.2d 131

PROSPECT STREET VENTURES I, LLC, Doing Business as PROSPECT STREET VENTURES, Respondent, v. ECLIPSYS SOLUTIONS CORP. et al., Appellants.

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

August 4, 2005.

The letter agreement dated July 15, 1998, upon which plaintiff relies, was a mere "agreement to agree" rather than an enforceable contract, since it was expressly conditioned on the "execution of a definitive agreement satisfactory in form and substance" to both sides. The presence of this condition precluded the formation of a contract in the form of the letter agreement, since it manifested an intent not to be bound unless there was such a definitive agreement (see Scheck...

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