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Warwick Associates v. FAI Insurance

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2000
275 A.D.2d 653 (N.Y. App. Div. 2000)

Opinion

September 26, 2000.

Order, Supreme Court, New York County (Charles Ramos, J.), entered June 29, 1999, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Karl J. Stoecker, for plaintiff-appellant.

Debra A. Karlstein, for defendants-respondents.

Before: Lerner, J.P., Andrias, Saxe, Buckley, Friedman, JJ.


Plaintiff's reliance on documents expressly described as proposals for review, generated in response to disagreements between the parties over prior proposals, was insufficient to raise an issue of fact as to the existence of the alleged oral contract (see_,Donaldson Acoustics Co. v. NAB Constr. Corp., ___ A.D.2d ___, 709 N.Y.S.2d 107, 108). In any event, taking into consideration the various relevant factors (see, Adjustrite Sys. v. GAB Bus. Servs., 145 F.3d 543, 549-551), including most notably the complexity and duration of the alleged agreement, we conclude that it was the parties' intention not to be bound in the absence of a written contract. In any event, the grant of summary judgment dismissing the complaint was proper for the additional reason that the alleged oral agreement would have been void under the Statute of Frauds.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Warwick Associates v. FAI Insurance

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2000
275 A.D.2d 653 (N.Y. App. Div. 2000)
Case details for

Warwick Associates v. FAI Insurance

Case Details

Full title:WARWICK ASSOCIATES, PLAINTIFF-APPELLANT, v. FAI INSURANCE LIMITED, ET AL.…

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

Date published: Sep 26, 2000

Citations

275 A.D.2d 653 (N.Y. App. Div. 2000)
713 N.Y.S.2d 178

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