PARMA TILE v. ESTATE OF SHORT


87 N.Y.2d 524 (1996)

663 N.E.2d 633

640 N.Y.S.2d 477

Parma Tile Mosaic & Marble Co., Inc., Respondent, v. Estate of Fred Short, Doing Business as Sime Construction Co., Defendant, and MRLS Construction Corp., Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1996.


Attorney(s) appearing for the Case

Gelacio M. Cordero and Ridley M. Whitaker, New York City, for appellant.

Martin Gallent, Jackson Heights, and Daria Aumand for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

The issue presented on this appeal is whether the automatic imprinting, by a fax machine, of the sender's name at the top of each page transmitted, satisfies the requirement that a writing be subscribed under New York State's general Statute of Frauds (General Obligations Law § 5-701). We reverse the order of the Appellate Division because we conclude that a subscription requires an act to authenticate...

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