First Department Addresses Contract Formation

, New York Law Journal

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In his Contract Law column, Fulbright & Jaworski's Glen Banks reviews a recent decision where the court focused on whether dismissal of a breach of contract claim at the pleading stage was appropriate when the parties had agreed in writing that they would have no contractual obligations unless and until a written agreement was executed and delivered by both parties and the defendant never executed or delivered the agreement.

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What's being said

  • gene99

    Excellent article. Thanks.

    Agree w/your conculsion - particularly if it is a commercial transaction w/both parties represented by counsel.

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