Legal Opinion

Express Industries & Terminal Corp. v. New York State Department of Transportation

New York Court of Appeals

Decided July 8, 1999PublishedCited by 254 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

The issue in this CPLR article 78 proceeding is whether petitioner, Express Industries and Terminal Corp., entered into a binding contract with respondent, New York State Department of Transportation (DOT), for the lease of a pier on the West Side of Manhattan when Express executed a permit that DOT characterized as its “final determination” for the lease. Because the permit omitted material terms of the purported contract, and there is insufficient objective evidence that the parties reached agreement with respect to those terms, *587we hold that there was not an…

2Cases cited4 opinions

  1. Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
  2. Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
  3. Municipal Consultants & Publishers, Inc. v. Town of RamapoNew York Court of Appeals · 1979
  4. Express Industries & Terminal Corp. v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by254 opinions

  1. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
  2. Starke v. SquareTrade, Inc.Court of Appeals for the Second Circuit · 2019
  3. Ipcon Collections LLC v. Costco Wholesale Corp.Court of Appeals for the Second Circuit · 2012
  4. Stonehill Capital Management LLC v. Bank of the WestNew York Court of Appeals · 2016
  5. Kolchins v. Evolution Markets, Inc.Court for the Trial of Impeachments and Correction of Errors · 2018

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