Practice point: A contract for sale is void unless it is in writing and subscribed by the party to be charged or a lawful agent, pursuant to General Obligations Law § 5-703(2).
Practitioners should note that an agent’s apparent authority, if unwritten, does not satisfy the statute of frauds.
Case: Leist v. Tugendhaft, NY Slip Op 05950 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
