In New York, to establish its prima facie entitlement to judgment as a matter of law on a cause of action alleging breach of contract, a plaintiff is required to demonstrate the existence of a contract, the party's performance under the contract, the other party's breach of the contract, and harm suffered by the party as a result. An enforceable agreement requires an offer, acceptance of the offer, consideration, mutual assent, and an intent to be bound.
Banc of Am. Leasing & Capital, LLC v. Wooter Apparel, Inc., NY Slip Op 05069 (2d Dep't August 26, 2026)
