U.S. District Judge William Pauley III of the Southern District of New York declined Monday to allow the plaintiff in an ongoing negligent misrepresentation suit another shot at a breach of contract claim, after already substantially pruning the original complaint down to a single count.

Despite the plaintiff, Kortright Capital Partners, claiming to uncover critical information during the tail end of discovery, Pauley ruled that, under relevant state contract law, the language the parties previously agreed to related to conditions precedent to the formation of the contract itself. Since the performance at issue—the closing of a separate third-party deal—never occurred, the unambiguous contract language meant the contract can’t be enforced, providing nowhere for a new breach of contract claim to arise.