TRI-LAND PROPS., INC. v. 115 W. 28TH ST. CORP.


238 A.D.2d 214 (1997)

656 N.Y.S.2d 261

Tri-Land Properties, Inc., Respondent, v. 115 West 28th Street Corp. et al., Defendants, and Neil B. Hirschfeld, Appellant

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

April 17, 1997


Appellant, the former attorney for defendants mortgagor and guarantor, seeks to enforce an alleged oral promise by plaintiff mortgagee to pay for legal services he rendered to defendants. Such claim was properly held barred by the Statute of Frauds requiring that an agreement to answer for the debt of another be in writing. First, and contrary to appellant's argument based on the doctrine of part performance, appellant's continued rendering of legal services to the mortgagor...

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