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MARTIN ROOFING, INC. v. GOLDSTEIN

91 A.D.2d 1065 (1983)

Martin Roofing, Inc., Respondent, v. Sheldon S. Goldstein, Also Known as Shelly Goldstein, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 31, 1983

Judgment reversed, on the law, without costs or disbursements, and the complaint is dismissed.

An oral promise to guarantee the debt of another is barred by the Statute of Frauds (General Obligations Law, § 5-701). However, the oral promise may be taken out of the Statute of Frauds if two requirements are met. First, the promise must represent an independent duty of payment, irrespective of the liability of the principal...

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