BANC OF AMERICA SECURITIES LLC v. SOLOW BUILDING COMPANY II, L.L.C.

1484, 1485, 600759/04.

77 A.D.3d 533 (2010)

BANC OF AMERICA SECURITIES LLC, Respondent, v. SOLOW BUILDING COMPANY II, L.L.C., Appellant, et al., Defendant.

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

Decided October 26, 2010.


The court properly enforced the June 2008 term sheet which recited that it was binding and contained all material terms of the parties' settlement in principle. The requirements to execute the sublease agreement, ostensibly for defendant's benefit to avoid running afoul of a mortgage covenant, and other documents, were not material additions, but were merely intended to effectuate those terms that were material. In fact, plaintiff was ready to vacate the premises on the stipulated...

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