YENOM CORP. v. 155 WOOSTER STREET INC.


23 A.D.3d 259 (2005)

805 N.Y.S.2d 304

YENOM CORP., Appellant, v. 155 WOOSTER STREET INC. et al., Respondents.

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

November 17, 2005.


The documentary evidence, including the draft contract circulated by Cooper's attorney on which plaintiff relies as some evidence of the material terms of the alleged contract, establishes what scarcely could be doubted in any event: the parties did not intend to be bound until defendants "executed ... and delivered a fully executed copy of the Contract to Buyer or Buyer's attorney." The letter that covered the draft was just as explicit, stating that "[t]he forwarding of...

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