Practice point: A defendant must plead the affirmative defense of statute of frauds in order to rely on statutory provisions requiring an agreement to be reduced to a writing (General Obligations Law §§ 5-701, 5-1103, 5-1105).
Students should note that defendant's trial motion to amend the pleadings to assert these provisions will be denied if the motion was interposed after the close of plaintiff's evidence .
Case: Ryan v. Kellogg Partners Institutional Servs., NY Slip Op 08983 (1st Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
