Oui Cater, Inc. v. Lantern Group, Inc.

71 A.D.3d 555, 896 N.Y.S.2d 678

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 23, 2010
• Status: Published

Opinion

Order, Supreme Court, New York County (Debra A. James, J.), entered June 24, 2009, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The e-mails between the parties conclusively negate plaintiffs claim that the parties entered into a contract (see Langer v Dadabhoy, 44 AD3d 425 [2007], lv denied 10 NY3d 712 [2008]; Aksman v Xiongwei Ju, 21 AD3d 260 [2005], lv denied 5 NY3d 715 [2005]). Here, the e-mails expressed the parties’ intention to enter into a contract at a later date. The e-mails referred to “Notes for Agreement” and a “draft contract” and repeatedly referred to the formal contract signing, reflecting the parties’ intent not to be bound until a formal agreement was signed (Aksman, 21 AD3d at 261-262). Concur—Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam and Román, JJ.