In Rogowsky v. McGarry (55 AD3d 815, 865 N.Y.S.2d 670 [2d Dept 2008], plaintiffs alleged that the defendant promised to honor the decedent's wish to convey an apartment to them in exchange for the forbearance by the plaintiffs from contesting the decedent's will, which named the defendant as executor and bequeathed the apartment to defendant.

The Court found that "the cause of action sounding in promissory estoppel was also properly dismissed, as there was no clear and unambiguous promise upon which the plaintiff sons could have reasonably relied to sustain a cause of action for breach of contract on a theory of promissory estoppel." Id. at 817