Bloom v. Platinum Fitness Lifestyle, Ltd.

Appellate Division of the Supreme Court of New York

Bloom v. Platinum Fitness Lifestyle, Ltd.

25 A.D.3d 433, 807 N.Y.S.2d 366

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 17, 2006

StatusPublished

This text of 25 A.D.3d 433 (Bloom v. Platinum Fitness Lifestyle, Ltd.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bloom v. Platinum Fitness Lifestyle, Ltd., 25 A.D.3d 433, 807 N.Y.S.2d 366 (N.Y. Ct. App. 2006).

Pincite

Opinion

Order, Supreme Court, New York County (Paula J. Omansky, J.), entered November 26, 2004, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record discloses that the parties never entered into a binding agreement, oral or written. The e-mails at issue were not signed by defendant and, in any event, did not indicate that the parties had agreed to the major terms of a stock transfer. The June 5 e-mail, which did not originate with defendant’s officers, did not state that the parties agreed upon the terms of the purported agreement or that the agreement had been finalized. Moreover, there is no indication that the person who sent the e-mail had authority to bind defendant to the terms set forth in the e-mail.

We have considered plaintiffs remaining contentions and find them unavailing. Concur—Buckley, P.J., Andrias, Catterson and Malone, JJ.

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Order, Supreme Court, New York County (Paula J. Omansky, J.), entered November 26, 2004, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record discloses that the parties never entered into a binding agreement, oral or written. The e-mails at issue were not signed by defendant and, in any event, did not indicate that the parties had agreed to the major terms of a stock transfer. The June 5 e-mail, which did not originate with defendant’s officers, did not state that the parties agreed upon the terms of the purported agreement or that the agreement had been finalized. Moreover, there is no indication that the person who sent the e-mail had authority to bind defendant to the terms set forth in the e-mail.

We have considered plaintiffs remaining contentions and find them unavailing. Concur—Buckley, P.J., Andrias, Catterson and Malone, JJ.

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Bluebook (online)

25 A.D.3d 433, 807 N.Y.S.2d 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloom-v-platinum-fitness-lifestyle-ltd-nyappdiv-2006.