In Greer v. FAM Networks, LLC, 2026 N.Y. Slip Op. 04039 (1st Dept. June 25, 2026), the Appellate Division, First Department, held that a complaint alleging breach of a media exploitation agreement sufficiently pleaded the elements of a contract claim by identifying the agreement, claiming performance, alleging nonpayment and failure to account, and asserting resulting damages.

In Macklowe Inv. Props. LLC v. MIP 57th Dev. Acquisition LLC, 2025 N.Y. Slip Op. 05192 (1st Dept. Sept. 30, 2025), the plaintiff, a real estate brokerage, sued pursuant to a letter agreement for a leasing commission after securing a tenant for defendants’ property. The letter agreement required satisfaction of a condition precedent before payment of the commission: execution of a leasing commission agreement. Plaintiff never fulfilled this condition.