LaRuffa v. Fleet Bank, N.A.

—Order, Supreme Court, New York County (Lewis Friedman, J.), entered February 19, 1998, which, inter alia, granted defendants’ motion to dismiss plaintiffs complaint for failure to state a cause of action, unanimously affirmed, with costs.

The complaint, seeking damages for breach of an alleged agreement to assign a mortgage to plaintiff Continental Capital Corporation, was properly dismissed because there was no enforceable agreement to that effect between the parties. Indeed, in a preliminary letter agreement, the parties explicitly stated their intention not to be bound to any…