In Kassirer v. Gotlib, 2026 N.Y. Slip Op. 02154 (1st Dept. Apr. 9, 2026), the Appellate Division, First Department, reaffirmed a bedrock principle of New York contract law: agreements to agree are not enforceable.

In Bardy v. Bonnem, the plaintiff sought to enforce an alleged oral agreement for an ownership option in a drive-thru coffee business. The motion court upheld the agreement based on an email proposal orally accepted by the plaintiff and partial performance. On appeal, the Second Department modified the motion court’s order, finding the email lacked essential terms to satisfy New York’s Statute of Frauds (GOL § 5-701) and that the contract could not be performed within one yea