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MODE CONTEMPO, INC. v. RAYMOURS FURNITURE COMPANY, INC.

4029, 650198/09.

80 A.D.3d 464 (2011)

915 N.Y.S.2d 528

MODE CONTEMPO, INC., Respondent-Appellant, v. RAYMOURS FURNITURE COMPANY, INC., Appellant-Respondent.

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

Decided January 11, 2011.

Even accepting the facts alleged in the complaint as true and according plaintiff the benefit of every possible inference therefrom (see e.g. Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), the breach of contract cause of action was properly dismissed. The evidence demonstrates that there was no meeting of the minds with respect to a material term of the promissory note and accordingly, no contract to be breached (see Matter...

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