Wednesday, April 8, 2015

CAN AN AGREEMENT BE ESTABLISHED THROUGH EMAILS?

See Kolchins v Evolution Mkts., Inc., 2015 NY Slip Op 02863, Decided on April 2, 2015, Appellate Division, First Department. Renwick, J. which can be found at this link:

http://www.nycourts.gov/reporter/3dseries/2015/2015_02863.htm
One attorney has suggested that the following language be inserted in emails during any negotiation:

“In the event this e-mail/letter contains terms of a proposed agreement to be formalized in a later written agreement, or a later stipulation under CPLR 2104, notice is hereby given that this e-mail/letter shall not constitute a legally binding agreement, nor shall our client be deemed to have agreed to the terms proposed herein, absent a later duly executed and acknowledged written agreement, or stipulation in accordance with CPLR 2104.”

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