Practice point: An e-mail, under which the sending party's name is typed, can constitute a writing for purposes of the statute of frauds, pursuant to General Obligations Law § 5-701[b][4].
Students should note that that fact that defendant did not sign the agreement setting forth the details of its commission is not fatal either under the statute of frauds or as to enforceability, when there is documentary evidence of an agreement regarding the commission.
Case: Newmark & Co. Real Estate, Inc. v. 2615 E. 17 Realty LLC, NY Slip Op 00158 (1st Dept. 2011)
Here is the decision.
Tomorrow’s issue: Motion practice.
