LEIST v. JMC PHARMACY INC.

7069. 653768/16.

163 A.D.3d 431 (2018)

80 N.Y.S.3d 257

2018 NY Slip Op 04974

Seth Leist et al., Appellants, v. JMC Pharmacy Inc. et al., Respondents.

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

Decided July 5, 2018.


There is no written contract, and the documents submitted by plaintiffs in an effort to show a purported meeting of the minds "flatly contradict[]" their allegations that the parties had come to an agreement on the contract's material terms (Matter of Sud v Sud, 211 A.D.2d 423, 424 [1st Dept 1995]; see Joseph Martin, Jr., Delicatessen v Schumacher, 52 N.Y.2d 105, 109 [1981]). The transcribed...

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