E-mail Sent by Party, Under Which Sender's Name is Typed, Can Satisfy Statute of Frauds

On February 3, 2016, the Second Department issued a decision in Agosta v. Fast Systems Corp., 2016 NY Slip Op. 00699, holding that e-mail exchanges met the requirements of the statute of frauds, explaining:

To satisfy the statute of frauds, an agreement need not be contained in one single document, but rather may be furnished by piecing together other, related writings. Further, all of the terms of the contract must be set out in the various writings presented to the court, and at least one writing, the one establishing a contractual relationship between the parties, must bear the signature of the party to be charged. An e-mail sent by a party, under which the sending party's name is typed, can constitute a signed writing for the purposes of the statute of frauds. Here, the terms of the alleged agreement were set forth in various writings, including an email and an assignment signed by [one of] the plaintiff[s]. Accordingly, the plaintiffs failed to establish their prima facie entitlement to judgment as a matter of law on the third cause of action.

(Internal quotations and citations omitted) (emphasis added).