Appellate Division of the Supreme Court of New York, 1973

Herfield v. First Westchester National Bank

Herfield v. First Westchester National Bank
Appellate Division of the Supreme Court of New York · Decided July 2, 1973
42 A.D.2d 700; 346 N.Y.S.2d 725; 1973 N.Y. App. Div. LEXIS 3928
Herfield v. First Westchester National Bank

Opinion of the Court

In an action to recover damages for breach of contract, plaintiff appeals from an order-judgment of the Supreme Court, Westchester County, dated July 25, 1972, which granted defendants’ motion for summary judgment dismissing the complaint. Order-judgment affirmed, with $20 costs and disbursements. In our opinion, the proof contained in the record estab*701lishes as a matter of law that plaintiff’s acceptance did not comply with defendants’ offer, particularly with reference to the balance sheet item concerning loans to officers, and that there was not a meeting of minds upon all essential terms of the agreement. Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

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