JORDAN PANEL v. TURNER CONSTR


45 A.D.3d 165 (2007)

841 N.Y.S.2d 561

JORDAN PANEL SYSTEMS CORP., Appellant, v. TURNER CONSTRUCTION COMPANY, Respondent, et al., Defendant.

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

September 18, 2007.


Attorney(s) appearing for the Case

O'Connor & Golder, LLP, Saylorsburg, Pennsylvania (Terrence J. O'Connor of counsel), for appellant.

Peckar & Abramson, P.C., New York City (Gregory H. Chertoff of counsel), for respondent.

MARLOW, NARDELLI and BUCKLEY, JJ., concur with FRIEDMAN, J.P.; McGUIRE, J., dissents in a separate opinion.


OPINION OF THE COURT

FRIEDMAN, J.P.

"It is well settled that, if the parties to an agreement do not intend it to be binding upon them until it is reduced to writing and signed by both of them, they are not bound and may not be held liable until it has been written out and signed" (Scheck v Francis, 26 N.Y.2d 466, 469-470 [1970]). In this case, in which plaintiff subcontractor sues defendant general contractor for...

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