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BED BATH & BEYOND INC. v. IBEX CONSTRUCTION, LLC

52 A.D.3d 413 (2008)

860 N.Y.S.2d 107

BED BATH & BEYOND INC., Respondent, v. IBEX CONSTRUCTION, LLC, Defendant and Third-Party Plaintiff-Appellant. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Third-Party Defendant-Respondent.

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

Decided June 26, 2008.

The motion court properly determined that the LOI entered into by plaintiff and IBEX in connection with a construction project was a binding agreement. The plain language of the LOI manifests the parties' intent to be bound by its terms (see Brown Bros. Elec. Contrs. v Beam Constr. Corp., 41 N.Y.2d 397, 399 [1977]; Henri Assoc. v Saxony Carpet Co., 249 A.D.2d 63, 66 [1998]); it does not...

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