Opinion
No. 2398.
March 23, 2010.
Order, Supreme Court, New York County (Debra A. James, J.), entered June 24, 2009, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Vernon Ginsburg, LLP, New York (Mel B. Ginsburg of counsel), for appellant.
Sperber Denenberg Kahan, PC, New York (Eric H. Kahan of counsel), for respondent.
Before: Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam and Román, JJ.
The e-mails between the parties conclusively negate plaintiffs claim that the parties entered into a contract ( see hanger v Dadabhoy, 44 AD3d 425, lv denied 10 NY3d 712; Aksman v Xiongwei Ju, 21 AD3d 260, lv denied 5 NY3d 715). Here, the e-mails expressed the parties' intention to enter into a contract at a later date. The e-mails referred to "Notes for Agreement" and a "draft contract" and repeatedly referred to the formal contract signing, reflecting the parties' intent not to be bound until a formal agreement was signed ( Aksman, 21 AD3d at 261-262).