Practice point: The statute of frauds does not bar an oral agreement that is terminable at will and, therefore, could possibly be performed within one year.
Student note: A quantum meruit claim will not be dismissed in the absence of a determination that there was an express contract governing plaintiff's compensation.
Case: Naughton v. West Side Advisors, LLC, NY Slip Op 01900 (1st Dep't 2016)
Here is the decision.
Tomorrow's issue: A fall from a ladder and a Labor Law § 240(1) cause of action.
