Practice point: The cause of action alleging breach of contract was found to be barred
by the statute of frauds. It is undisputed that no there was no written agreement to convey half of the interest in
the condominium to plaintiff, pursuant to General Obligations Law § 5-703.
Similarly, while plaintiff acknowledged that he and defendant never entered
into a common-law marriage or otherwise were married, he asserts that they were involved in a 10-year romantic and business relationship
and that they entered into an oral agreement to share equally in the
assets and resources they gained. Plaintiff
testified that he expected this arrangement to last for his lifetime.
Thus, the agreement was required to be in writing, pursuant to General Obligations
Law § 5-701[a][1].
Student note: Plaintiff correctly stated that the statute of frauds does not apply
to partnerships or joint ventures created at will. However, here there was no
evidence of a joint venture or partnership in which the parties
shared control, profits, and losses of their enterprise. Instead, plaintiff described an amorphous kind of partnership and admitted that defendant alone controlled the financial management of their company, including his salary and expenses, thereby establishing
that he had no control over the company. Nor did he file tax forms that
would demonstrate that theirs was a partnership or joint venture.
Case: Massey v. Byrne, NY Slip Op 08534 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: A judgment issued by a foreign country's court.
