BMH REALTY LTD. v. 399 E. 72ND ST. OWNERS

There is no merit to plaintiff's contention that the correspondence between the parties constituted a binding agreement. Indeed, the documents themselves make clear that the parties did not intend to be bound until a formal agreement was executed ( see, Brause v Goldman, 10 A.D.2d 328, 332-333, affd 9 N.Y.2d 620). Nor was defendant required to make a good faith effort to prepare and deliver a formal written agreement ( see, Bernstein v Felske, 143 A.D.2d 863, 865).

Concur — Ellerin, J.P., Wallach, Nardelli and Williams, JJ.