Opinion
Argued January 6, 1977
Decided February 10, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH A. SUOZZI, J.
E. Richard Rimmels, Jr., for appellant.
William E. Kelly for respondent.
Order affirmed, with costs. No agreement had been reached and there is no proof that the defendant wrongfully or arbitrarily prevented consummation of the negotiations (see Kaelin v Warner, 27 N.Y.2d 352, 355).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.