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CONTIMORTGAGE CORP. v. DeJESUS

23 A.D.3d 603 (2005)

805 N.Y.S.2d 400

CONTIMORTGAGE CORP., Respondent, v. FELICITY DEJESUS et al., Defendants. SPRINT EQUITIES (NY), INC., Nonparty Appellant.

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

November 28, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that no contract existed between the plaintiff and the nonparty appellant. The offer of a pay-off agreement by the plaintiff to the nonparty appellant, which was referred to as an "addendum" stated that "this addendum must be signed and returned ... by 10/8/1999 or this agreement is void" (emphasis in original). The nonparty appellant neither obtained the necessary...

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