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Technology Fin. Group v. Grumman Data Sys

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1990
159 A.D.2d 385 (N.Y. App. Div. 1990)

Opinion

March 22, 1990

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).


In this action by plaintiff Technology Finance Group, Inc. against defendant Grumman Data Systems Corporation for breach of an alleged agreement to lease two IBM computer systems from plaintiff Technology for a period of five years at a combined rental in excess of $10,000,000, we find that the complaint was properly dismissed for lack of a binding contract between the parties.

Specifically, the correspondence exchanged by the parties expressed an intention not to be contractually bound unless certain specific documents were executed and until their preliminary negotiations had culminated in the execution of a formal lease agreement. The record reveals that neither of these prerequisites for contractual liability was, in fact, satisfied (Beck v New York News, 61 N.Y.2d 620; Scheck v Francis, 26 N.Y.2d 466, 469; Brause v Goldman, 10 A.D.2d 328, 332, affd 9 N.Y.2d 620).

Concur — Ross, J.P., Carro, Asch and Rubin, JJ.


Summaries of

Technology Fin. Group v. Grumman Data Sys

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1990
159 A.D.2d 385 (N.Y. App. Div. 1990)
Case details for

Technology Fin. Group v. Grumman Data Sys

Case Details

Full title:TECHNOLOGY FINANCE GROUP, INC., Appellant, v. GRUMMAN DATA SYSTEMS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 22, 1990

Citations

159 A.D.2d 385 (N.Y. App. Div. 1990)
552 N.Y.S.2d 639

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