Luxor Capital Group, L.P. v. Seaport Group LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Orders, Supreme Court, New York County (O. Peter Sherwood, J.), entered April 18, 2016, which, respectively, denied plaintiffs’ motion for summary judgment, and granted defendants’ motion for summary judgment dismissing the amended complaint, unanimously affirmed, with costs.
The motion court correctly dismissed the amended complaint alleging breach of contract, as there was no binding, enforceable contract. The instant messages exchanged between the parties reflect that the transaction at issue was “subject to language” to be agreed upon, and was contingent upon “mutually satisfactory…
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