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MARTIN FOOD DISTRIBUTORS, INC. v. BERKOWITZ

284 A.D.2d 240 (2001)

726 N.Y.S.2d 648

MARTIN FOOD DISTRIBUTORS, INC., et al., Respondents, v. MURRAY BERKOWITZ et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 21, 2001.

The cause of action for breach of contract should have been dismissed. The record establishes that the parties did not intend any agreement between them to be binding until reduced to writing and signed by both (see, Scheck v Francis, 26 N.Y.2d 466, 469-470). In any event, the record also establishes that the parties never did reach an understanding even as to the most basic terms of any joint venture, namely, how profits and losses...

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