August 10, 2009

Contracts.

Practice point: If a contract is not signed by the party to be charged with its enforcement, it is void as against that party, pursuant to the statute of frauds.

Practitioners should note that to prove an enforceable oral contract under the doctrine of part performance, there must be an act that is unequivocally referable to the alleged contract.

Case: Singh v. Kur, NY Slip Op 05957 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: Notice of claim.