TRANSAMERICA REALTY, LTD. v. WINOKUR


248 A.D.2d 250 (1998)

668 N.Y.S.2d 885

Transamerica Realty, Ltd., Appellant, v. Jeff Winokur et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1998


We agree with the motion court that the consideration for the contract at issue — proprietary information regarding the premises — was given prior to the execution of the agreement. Since the past consideration is not expressed in the agreement, and since "[i]n the absence of a writing that can be understood without dependence upon extrinsic evidence and that clearly describes the consideration, a promise derived from past consideration is simply not actionable...

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