Hajdu-Nemeth v. Zachariou, 309 A.D.2d 578 (N.Y. App. Div. 2003). · Go Syfert
Hajdu-Nemeth v. Zachariou, 309 A.D.2d 578 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 2 distinct courts.
Strongest positive: Sabre Oxidation Tech., Inc. v. Superior Plus Corp. (nyappdiv, 2026-03-26)
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discussed Cited as authority (rule) Sabre Oxidation Tech., Inc. v. Superior Plus Corp.
N.Y. App. Div. · 2026 · confidence medium
Holdco's position essentially ignores that the binding provisions of the LOI are critical to the resolution of this dispute ( see generally Moshan v PMB, LLC , 141 AD3d 496, 496 [1st Dept 2016]; Bed Bath & Beyond Inc. v IBEX Constr., LLC , 52 AD3d 413, 414 [1st Dept 2008]; Hajdu-Nemeth v Zachariou , 309 AD2d 578, 578 [1st Dept 2003]; compare Buechner v Avery , 38 AD3d 443, 444 [1st Dept 2007]).
Retrieving the full opinion text from the archive…
Laszlo Hajdu-Nemeth
v.
Peter Zachariou
Appellate Division of the Supreme Court of the State of New York.
Oct 9, 2003.
309 A.D.2d 578
Cited by 4 opinions  |  Published

Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about October 9, 2002, which, to the extent appealed from as limited by the brief, denied the motion of defendants-appellants to dismiss the complaint, unanimously affirmed, without costs.

Defendants’ assertions that plaintiff’s action to recover damages for breach of an employment contract should be dismissed because the “Letter of Intent” sued upon is not a binding agreement, and because plaintiff is, in any event, without standing to rely upon the letter, are without merit. That the document at issue is referred to as a “Letter of Intent” is not conclusive of whether it may be viewed as binding (see City of New York v Pennsylvania R.R. Co., 37 NY2d 298, 300 [1975]). Indeed, the “Letter of Intent” expressly provides that it “constitutes a binding contract until such time as the definitive agreements referenced [therein] are executed” and that “the parties shall be legally bound [thereby] once this Letter of Intent has been executed.” The alleged agreement is supported by consideration inasmuch as plaintiff promised therein to provide defendants with consulting services (see Weiner v McGraw-Hill, Inc., 57 NY2d 458, 464 [1982]), and it appears that pursuant to the alleged agreement plaintiff rendered such services for some 17 weeks and was paid in part by defendants (see NJP Enters. v Shooze, Inc., 280 AD2d 533, 534 [2001]). Plaintiff, as a signatory to the alleged agreement, has standing to sue for its enforcement.

We have considered defendants’ remaining arguments and find them unavailing. Concur — Nardelli, J.P., Tom, Sullivan, Ellerin and Friedman, JJ.