On September 25, 2025, the First Department issued a decision in Gross v. Kikuchi, 2025 NY Slip Op. 05150, holding that breach of contract claim failed due to the failure adequately to allege consideration, explaining:
The court properly dismissed the first cause of action for breach of an oral agreement because the alleged oral agreement was too indefinite and lacked consideration. In their appellate brief, plaintiffs claim the consideration was their forbearance, but this is insufficient because neither the complaint nor plaintiffs’ affidavits in opposition to defendants’ motions make reference to any evidence that supports their claim.
(Internal citations omitted).