June 23, 2011

Statute of frauds.

Practice point: A quantum meruit recovery is not precluded if there is a sufficient memorandum to evidence the fact that plaintiff employed defendant to render the alleged services.

Students should note that neither a nondescript "thank you" note nor a check designated as a gift qualifies.

At Last Naturals, Inc. v. Feiner, NY Slip Op 05211 (2d Dept. 2011).


Tomorrow's issue is account stated.