Practice point: The Appellate Division reversed the motion court and dismissed the complaint in this action to recover damages for an alleged breach of contract. A binding contract requires mutual assent sufficiently definite to assure that the parties are in agreement with respect to all material terms, and the contract is not enforceable if a court cannot determine what the parties have agreed to. If the agreement is not reasonably certain in its material terms, there is no legally enforceable contract.
Student note: The essential elements of a cause of action to recover damages for breach of contract are the existence of a contract, the plaintiff's performance pursuant to the contract, the defendant's breach of its contractual obligations, and damages resulting from the breach.
Case: Carione v. Hickey, 08700 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: CPLR 4401 and 4404(a).