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Oui Cater, Inc. v. Lantern Group

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 23, 2010

OUI CATER, INC., PLAINTIFF-APPELLANT,
v.
THE LANTERN GROUP, INC., DEFENDANT-RESPONDENT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P. Saxe, Nardelli, Abdus-Salaam, RomÁn, JJ.

100743/08

The e-mails between the parties conclusively negate plaintiff's 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).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100323

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