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GALESI v. GALESI

37 A.D.3d 249 (2007)

829 N.Y.S.2d 107

MICHAEL GALESI et al., Appellants, v. FRANCESCO GALESI et al., Respondents, et al., Defendants.

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

Decided February 13, 2007.

Assuming that the alleged promise was made, it amounted to no more than an indefinite and unenforceable "agreement to agree" (see Matter of 166 Mamaroneck Ave. Corp. v 151 E. Post Rd. Corp., 78 N.Y.2d 88, 91 [1991]). Although plaintiffs presented evidence that the negotiating parties had agreed as to price and quantity, the exchange of drafts, further discussion, and the totality of the circumstances clearly showed that there was...

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