Practice point: To establish the existence of an enforceable agreement, a plaintiff must establish an offer, acceptance, consideration, mutual assent and an intention to be bound, pursuant to 22 NY Jur 2d, Contracts § 9.
Practitioners should note that the requisite meeting of the minds must include agreement on all essential terms.
Case: Kowalchuk v. Stroup, NY Slip Op 01014 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Assault.
