Prospect Street Ventures I, LLC v. Eclipsys Solutions Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered February 22, 2005, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously reversed, on the law, with costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
The letter agreement dated July 15, 1998, upon which plaintiff relies, was a mere “agreement to agree” rather than an enforceable contract, since it was expressly conditioned on the “execution of a definitive agreement satisfactory in form and substance” to both sides, and…
2Cases cited10 opinions
- Scheck v. FrancisNew York Court of Appeals · 1970
- Curtis Properties Corp. v. Greif Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Rogers v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1996
- Prestige Foods, Inc. v. Whale Securities Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Ellenberg Morgan Corp. v. Hard Rock Cafe AssociatesAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by25 opinions
- L-7 Designs, Inc. v. Old Navy, LLCCourt of Appeals for the Second Circuit · 2011
- Amcan Holdings, Inc. v. Canadian Imperial Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 2010
- Jordan Panel Systems Corp. v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Mendez v. Bank of America Home Loans Servicing, LPDistrict Court, E.D. New York · 2012
- Ferguson v. Lion Holding, Inc.District Court, S.D. New York · 2007
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