Practice point: A promise to answer for another's debt or default must be in writing, and subscribed by the promisor, pursuant to General Obligations Law § 5-701(a)(2).
Students should note that the promise need not be in writing if it is supported by a new and beneficial consideration moving to the promisor, and if the parties intend the promisor to become primarily liable.
The case is Bauccio v. Aon Recovery, Inc., NY Sip Op 00993 (2d Dept. 2011
Tomorrow's issue is notice of claim.
