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SCHNEIDER v. JARMAIN

5383, 116942/09, 5383A.

85 A.D.3d 581 (2011)

925 N.Y.S.2d 487

2011 NY Slip Op 5354

ARTHUR A. SCHNEIDER et al., Appellants, v. BRIAN A. JARMAIN, Respondent.

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

Decided June 21, 2011.

Plaintiffs' claim of breach of the alleged 2005 oral agreement is precluded by the letter of intent, executed by the parties in 2006, which both contains a general merger clause and expressly denies the existence of any binding agreement between the parties (see Matter of Primex Intl. Corp. v Wal-Mart Stores, 89 N.Y.2d 594, 599-600 [1997]). Indeed, the letter of intent merely provides the framework for continuing negotiations aimed...

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