April 16, 2013

Statute of frauds.

Practice point: A party's admission of the existence and essential terms of an oral agreement is sufficient to take the agreement out of the statute of frauds.

Student note: However, if the parties dispute the very terms and conditions of the alleged oral agreement, the statute of frauds applies.

Case: Camhi v. Tedesco Realty, LLC, NY Slip Op 02368 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue: Legal malpractice.