Dratfield v. Gibson Greetings, Inc.

—Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered July 8, 1999, dismissing the complaint, and bringing up for review an order, same court and Justice, entered June 2, 1999, which denied plaintiffs’ motion for summary judgment and granted defendant’s cross-motion for summary judgment dismissing the complaint, unanimously affirmed, with costs. Appeal from the *295aforementioned order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The parties’ correspondence and the surrounding circumstances establish that they did not intend to be bound…