Reliance on Emails Not Enough to Avoid Dismissal Under Statute of Frauds
- Jan 17 2023
By: Jeffrey M. Haber The statute of frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless …
Category: Statute of Frauds
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Statute of Frauds and the At-Will Joint Venture Agreement
- Aug 26 2020
In our last post (here), we examined the Statute of Frauds – General Obligations Law § 5-701 through § 5-705 – in the context of employment at-will contracts. We noted …
Employee-At-Will May Receive Commissions Earned During The Course Of Employment Says Fourth Department
- Aug 24 2020
Like most states in the country, New York is an “employment at will” state. This means that if there is no written agreement between the employer and employee governing when …
Emails, Breach of Contract and the Statute of Frauds
- Jul 15 2020
In today’s article, we examine ASV Techs., Inc. v. Sterling Natl. Bank, 2020 N.Y. Slip Op. 32208(U) (Sup. Ct., N.Y. County July 7, 2020) (here). ASV involved the Statute of …
Conditional Acceptance, Conflicting Testimony and An Alleged Oral Agreement
- Jun 29 2020
In prior posts, we examined the rules of contract formation. In our most recent post on the subject (here), we considered a case in which one of the issues before …
Stenographic Services, The Doctrine of Account Stated and The Statute of Frauds
- Oct 23 2019
Stenographic services are an important part of any litigation. After all, deposition and trial testimony must be recorded, as they are part of the record. Typically, the attorney noticing the …
Court Finds Oral Agreement to Pay Legal Fees Not Barred by Statute of Frauds
- Sep 9 2019
Attorneys are often asked whether an oral agreement is enforceable. Most will say that the answer depends on the law and the facts surrounding the agreement. As an initial matter, …
The First Department’s Considered Consideration Consideration
- Apr 20 2018
One of the first things students are taught in law school is that, to be valid, a contract must be supported by consideration. In Reddy v. Mihos (April 17, 2017), …
Email Correspondence Concerning The Sale Of Real Estate Not Enough To Satisfy The Statute Of Frauds
- Jun 16 2017
The New York Statute of Frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless the contract …
