In this quarter’s column we discuss Van Bortel v. Ford Motor Co., No. 21-CV-6739L, 2022 WL 3222847, at *1 (W.D.N.Y. Aug. 10, 2022), which serves as a reminder that while oral agreements can sometimes be enforceable, it is rare. Contracts should be in writing.

On Nov. 15, 2021, plaintiff owners of a Ford dealership in Rochester, N.Y, Mary Catherine Van Bortel and her brother, Howard Van Bortel (referred to together as plaintiffs), filed suit against Ford Motor Company in Monroe County Supreme Court. Soon thereafter, in December 2021, Plaintiffs filed an amended complaint (the Complaint), and Ford removed the case to the U.S. District Court for the Western District of New York based on diversity jurisdiction pursuant to 28 U.S.C. §1332. Ford moved to dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the plaintiffs filed an opposition to the motion, and the court heard oral argument on Ford’s motion.

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