Credit: vetkit/Adobe Stock First Dept. Forms Bright-Line Rule To Cap Damages From Breach of 'Agreement to Agree'
In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.
September 19, 2023 at 12:00 PM
8 minute read
Contractual Disputes
My March 2023 column flagged an important decision by the New York County Supreme Court that bucked the general principle that damages from the breach of a preliminary "agreement to agree" are limited to out-of-pocket costs.
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