BGP Corp. v. Chemical Bank

Full title: BGP CORPORATION, Appellant, v. CHEMICAL BANK, Respondent

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

Date published: Jun 24, 1996

228 A.D.2d 629 (N.Y. App. Div. 1996)

646 N.Y.S.2d 25

Opinion

June 24, 1996

Appeal from the Supreme Court, Queens County (Dye, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that enforcement of the proposed sublease termination agreement was barred by the Statute of Frauds as the contract was never executed by the defendant (see, General Obligations Law § 5-703). The signed facsimile transmittal sheet requesting tax information from the plaintiff, while related to the unexecuted agreement, did not evidence assent to its terms and did not establish the existence of a contractual relationship (see, Fox Co. v. Kaufman Org., 74 N.Y.2d 136, 142-143; Crabtree v. Arden Sales Corp., 305 N.Y. 48, 55-56). Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.