Summary judgment on a contract.

Practice point: When the parties' intent to be bound by a contractual obligation is determinable by written agreements, the question is one of law, and it can be resolved on a motion for summary judgment.

Student note: A fact question arises as to the parties' intent to enter into an enforceable obligation only where the intent must be determined by disputed evidence or inferences outside the written words of the instrument.

Case: Kaplan v. Roberts, NY Slip Op 00492 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Contribution.