Matthew Friedman

Matthew Friedman

January 11, 2022 | New York Law Journal

Circumvention of the Statute of Frauds in New York

New York courts have consistently held that a plaintiff may not "circumvent" the Statute of Frauds through artful pleading of a quasi-contractual "arrangement" instead of asserting breach of an oral contract. But in practice, claims for unjust enrichment, quantum meruit, and promissory estoppel often succeed where a claim for breach of an oral contract fails, overcoming a Statute of Frauds defense.

By Dan Buzzetta and Matthew Friedman

8 minute read