New York Court of Appeals

Idt Corp. v. Tyco Group, S.a.r.l.

October 22, 200913 N.Y.3d 209

Summary

The Court of Appeals held that the settlement agreement was contingent on the negotiation and execution of additional definitive agreements, making the parties' performance obligations conditional. Accordingly, Tyco's proposal of an IRU draft with inconsistent terms did not constitute a breach, and the Appellate Division's order denying summary judgment was affirmed.