foregoing reasons, the judgment of the District Court is Affirmed, in part, Reversed, in part, VACATED, in part, and Remanded.for further proceedings consistent with this order. 1 . Defendants express some doubts as to whether Type II agreements exist in New York law, or are merely a “creature of the federal courts.” Simone v. N.V. Floresta, 1999 WL 429504, at *9 n. 3 (S.D.N.Y. June 18, 1999), 1999 U.S. Dist. LEXIS 9578, at *27 n. 3. However, New York courts have cited with approval Tribune and Adjustrite, and appear to recognize the possibility of “Type II” preliminary agreements. See, e.g., SNC, Ltd. v. Kamine Eng. and Mech. Contracting Co., Inc., 238 A.D.2d 146, 655 N.Y.S.2d 47, 48 (1997); River Glen Assoc., Ltd. v. Merrill Lynch Credit Corp., 295 A.D.2d 274, 743 N.Y.S.2d 870 (2002) (<HOLDING>). 2 . Defendants argue on appeal that
holding that the government was bound by an agreement it treated as binding although it preceded the formal plea agreement holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract holding that agreement did not constitute a binding preliminary agreement to negotiate in good faith a mortgage contract holding that the defendant did not establish good faith as a matter of law holding that agreement as to form and content did not constitute agreed judgment