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LUXOR CAPITAL GROUP, L.P., ETC., plf-ap, v. THE SEAPORT GROUP LLC def-res

3511-3512. LUXOR CAPITAL GROUP, L.P., ETC., plf-ap, v. THE SEAPORT GROUP LLC def-res — [AND A THIRD-PARTY ACTION] Kleinberg, Kaplan, Wolff & Cohen, P.C., New York (David M. Levy of counsel), for ap — Manatt, Phelps & Phillips, LLP, New York (Ronald G. Blum of counsel), for res — 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.

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3511-3512. LUXOR CAPITAL GROUP, L.P., ETC., plf-ap, v. THE SEAPORT GROUP LLC def-res — [AND A THIRD-PARTY ACTION] Kleinberg, Kaplan, Wolff & Cohen, P.C., New York (David M. Levy of counsel), for ap — Manatt, Phelps & Phillips, LLP, New York (Ronald G. Blum of counsel), for res — 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 documentation.” Further, plaintiff Luxor Capital Group, L.P.’s internal communications and actions reflect an intent not to be bound absent execution of various documents and receipt of additional information, and the record shows that Luxor never received those documents and information (see Kowalchuk v. Stroup, 61 AD3d 118, 121 [1st Dept 2009]; Amcan Holdings, Inc. v. Canadian Imperial Bank of Commerce, 70 AD3d 423, 426 [1st Dept 2010], lv denied 15 NY3d 704 [2010]).

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