In Bardy v. Bonnem, the plaintiff sought to enforce an alleged oral agreement for an ownership option in a drive-thru coffee business. The motion court upheld the agreement based on an email proposal orally accepted by the plaintiff and partial performance. On appeal, the Second Department modified the motion court’s order, finding the email lacked essential terms to satisfy New York’s Statute of Frauds (GOL § 5-701) and that the contract could not be performed within one yea

By Jeffrey M. Haber In today’s digital world, it is not uncommon for individuals and businesses to memorialize the terms of their oral agreements through email. But are such agreements enforceable? The answer depends on a couple of factors, including whether there is a writing that memorializes the material terms of the agreement. Oral agreements that cannot be performed within one year of the agreement must be in writing. This broad rule, contained in the statute of frauds,