Contracts

Appellate Division Ruling Holds E-mail Correspondence May Create Binding Real Estate Contract

Posted on October 31, 2011

Naldi v. Grunberg, 80 AD3d 1 (1st Dept. 2010), leave to appeal denied, 2011 NY Slip Op. 71494 (NY May 3, 2011) At issue in Naldi v. Grunberg was whether the defendant had breached an agreement to give plaintiff a right of first refusal to purchase certain real property in New York City.  Plaintiff contended that the right of first refusal was granted by defendants in an email describing the terms of the contemplated transaction.  Defendants moved to dismiss theRead More

Slip-and-fall Case Dismissed Where Plaintiff was not a Third Party Beneficiary of Snow Removal Contract

Posted on October 25, 2011

Carol Gibson v. Dynaserv Industries, Inc., Supreme Court of the State of New York, Appellate Div., 3rd Dept., Case No. 511962, decided October 20, 2011 On Thursday, the Appellate Division, Third Department, held that a defendant snow removal company hired by the plaintiff’s employer could not be held liable for injuries sustained by the plaintiff when she slipped on ice in her employer’s parking lot.  The respondent/defendant snow removal company had been hired under contract by the plaintiff’s employer toRead More