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ORAL AGREEMENTS BETWEEN PERSONS COHABITING TOGETHER ARE NOT PER SE REQUIRED TO BE IN WRITING, SEVERAL CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED BECAUSE THE UNDERLYING AGREEMENTS WERE NOT SUBJECT TO THE STATUTE OF FRAUDS (SECOND DEPT).

The Second Department, modifying Supreme Court, determined that certain causes of action based upon oral agreements between plaintiff and defendant, who lived together for thirteen years, should not have been dismissed pursuant to the statute of frauds:

We disagree with the Supreme Court as to the applicability of the statute of frauds to the plaintiff’s allegations as to … express oral agreements between the parties, namely those related to her provision of domestic and legal services in exchange for support and sharing of business profits. Agreements between persons cohabiting together are not per se required to be in writing … . Moreover, the plaintiff’s allegations as to the terms of the oral agreements do not otherwise fall within the statute of frauds (see General Obligations Law § 5-703 …). …

We also disagree with the Supreme Court’s determination granting that branch of the motion which was to dismiss the plaintiff’s third cause of action pursuant to the statute of frauds. The third cause of action seeks the return of certain personal items that allegedly were owned by the plaintiff separately prior to her relationship with the defendant. Thus, the property that was the subject of that cause of action was not within the statute of frauds. Baron v Suissa, 2018 NY Slip Op 08453, Second Dept 12-12-18

 

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