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NEW YORK MILITARY ACADEMY v. NEWOPEN GROUP

2014-01792, Index No. 5948/13.

142 A.D.3d 489 (2016)

36 N.Y.S.3d 199

NEW YORK MILITARY ACADEMY, Respondent, v. NEWOPEN GROUP et al., Appellants.

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

Decided August 3, 2016.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 (a) to dismiss the complaint is granted.

The plaintiff and the defendants executed a letter of intent regarding a potential joint venture and loan. The letter of intent provided that parties "shall negotiate to arrive at mutually acceptable Definitive Agreements" regarding the potential joint venture and loan. The letter of intent further provided that the...

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