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PARKMERCED INVS., LLC v. WEWORK COS. LLC

652094/20. Appeal No. 477. Case No. 2022-00758.

217 A.D.3d 531 (2023)

192 N.Y.S.3d 4

2023 NY Slip Op 03290

Parkmerced Investors, LLC, Appellant, v. WeWork Companies LLC, as Successor in Interest to WeWork Companies, Inc., Respondent.

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

Decided June 15, 2023.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York ( Paul M. O'Connor, III of counsel), for appellant.

Meister Seelig & Fein PLLC, New York ( Stephen B. Meister of counsel), for respondent.

Concur—Renwick, A.P.J., Kennedy, Mendez, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered January 18, 2022, which granted defendant WeWork Companies LLC's motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), unanimously affirmed, with costs.

The court correctly dismissed the breach of contract claim. A term sheet that "sets forth the general intent of the parties to discuss in good faith the terms and conditions" of a deal and states that "neither party shall be bound until...

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