ANTHONY S. VERGATOS & FAMILY, INC. v. T.C. MANAGEMENT


15 A.D.3d 222 (2005)

791 N.Y.S.2d 3

ANTHONY S. VERGATOS & FAMILY, INC., Respondent, v. T.C. MANAGEMENT LLC et al., Appellants.

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

February 8, 2005.


Defendants do not dispute that they intended to enter into the contract or that they in fact executed the contract and forwarded it to plaintiff. Rather they maintain that the contract never became binding because the contract's delivery condition was not satisfied, the fully executed contract having been, according to defendants, misdelivered by the messenger sent by plaintiff's attorney and placed in the hands of someone other than defendants' attorney. Under the circumstances...

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