Three emails exchanged between a CEO and an employee was enough to support a claim that a binding employment agreement had been reached two months before the company cut ties with the employee, a split panel of the Appellate Division, First Department, ruled Thursday.
Despite 17 subsequent emails discussing terms, neither party in Kolchins v. Evolution Markets, 653536/12, indicated “an unambiguous intent not to be bound until a formal writing was executed by the parties,” the panel decided. Therefore the initial three emails agreeing to what the majority said were the contract’s “material terms” was sufficient to survive a CPLR 3211(a)(1) motion to dismiss based on “documentary evidence” contained in the subsequent emails.
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