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MIRANCO CONTRACTING, INC. v. PEREL

29 A.D.3d 873 (2006)

816 N.Y.S.2d 516

MIRANCO CONTRACTING, INC., Appellant, v. ALLAN PEREL et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

May 23, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

"In order for a breach of contract to exist, there must be a meeting of the minds on the agreement said to have been breached" (Gomez v Bicknell, 302 A.D.2d 107, 115 [2002]; see Platt v Portnoy, 220 A.D.2d 652, 653 [1995]). "Mutual assent evincing the intention of the parties to form a contract is essential...

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