Practice point: To satisfy the statute of frauds, a memorandum, subscribed by the party
to be charged, must designate the parties, identify and describe the
subject matter, and state all of the essential terms of a complete
agreement. A writing is not a sufficient memorandum unless the parties' full intention can be ascertained from it alone,
without recourse to parol evidence.
Student note: The
statutorily required writing need not be contained in one single
document, but may be furnished by piecing together related writings.
Case: Dahan v. Weiss, NY Slip Op 05767 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Dismissal for neglect to proceed.
