Legal Opinion

Metropolitan Steel Industries, Inc. v. Citnalta Construction Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 2003PublishedCited by 5 opinions

1Opinion of the Court

Appeal from order, Supreme Court, New York County (Herman Cahn, J.), entered on or about February 6, 2002, granting the motion of defendant Citnalta Construction Corp. (Citnalta) for summary judgment dismissing the complaint, deemed, pursuant to CPLR 5501 (c), an appeal from the ensuing judgment, same court and Justice, entered on or about February 26, 2002, dismissing the complaint, the judgment unanimously affirmed, without costs.

Plaintiff’s breach of contract claim was properly dismissed since it is undisputed that the parties were aware that there would be no binding agreement until their…

2Cases cited4 opinions

  1. Scheck v. FrancisNew York Court of Appeals · 1970
  2. Lehrer McGovern Bovis, Inc. v. New York YankeesAppellate Division of the Supreme Court of the State of New York · 1994
  3. Absher Construction Corp. v. ColinAppellate Division of the Supreme Court of the State of New York · 1996
  4. Homayouni v. ParibasAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by5 opinions

  1. Jordan Panel Systems Corp. v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Hudson & Broad, Inc. v. J.C. Penney Corp.Court of Appeals for the Second Circuit · 2014
  3. Quantum v. B.H. Bryan BuildingCourt of Appeals of North Carolina · 2006
  4. Power Cooling Inc. v. Churchill School & CenterAppellate Division of the Supreme Court of the State of New York · 2005
  5. Gould v. Lightstone Value Plus Real Estate Investment TrustDistrict Court, S.D. New York · 2007

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