October 27, 2010

Motion practice.

Practice point: A cause of action based on promissory estoppel requires a clear and unambiguous promise; reliance by the party to whom the promise is made; and an injury sustained because of that reliance.

Students should note that Civil Rights Law § 80-b serves only to return the parties to their position prior to their becoming engaged if the marriage fails to materialize.

Case: Schwartz v. Miltz, NY Slip Op 07323 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion practice.