Monday, March 21, 2016

Statute of frauds and quantum meruit.

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.