Legal Opinion · Dissent
Kolchins v. Evolution Markets, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 2, 2015No. 653536/12 12100Published
1Dissent
Friedman, J.P.
(dissenting). In affirming the denial of defendant’s motion, pursuant to CPLR 3211 (a) (1), to dismiss plaintiffs cause of action for breach of contract, the majority recites many well-established propositions of the law of contracts with which I fully agree. The majority disregards, however, the cardinal rule that whether a contract has been made must be determined in light of the “ ‘totality’ ” of the parties’ conduct and communications (Zheng v City of New York, 19 NY3d 556, 572 [2012], quoting Brown Bros. Elec. Contrs. v Beam Constr. Corp., 41 NY2d 397, 400 [1977]), without…
2Cases cited17 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
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