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.”
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.”