JOHN ANTHONY RUBINO & COMPANY, CPA, P.C. v. SWARTZ

4925, 4926, 4927, 402788/08, 4928.

84 A.D.3d 599 (2011)

923 N.Y.S.2d 492

JOHN ANTHONY RUBINO & COMPANY, CPA, P.C., Respondent, v. MARK H. SWARTZ, M.D., Appellant.

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

Decided May 19, 2011.


The record does not establish that, during the telephone conversation that gave rise to the parties' alleged oral contract, the parties used the term "on spec" to describe the arrangement for plaintiff's compensation. Accordingly, contrary to defendant's contention, the court properly declined to interpret the term. The court also properly determined that there was no contract because there was no meeting of the minds with respect to a material term of the contract, namely...

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