PERINI v. SABATELLI


52 A.D.3d 588 (2008)

861 N.Y.S.2d 68

BERNARD J. PERINI, Appellant, v. MARY T. SABATELLI, Respondent.

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

Decided June 10, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

Enforcement of an oral promise to guarantee the debt of another is barred by the statute of frauds (see General Obligations Law § 5-701 [a] [2]). However, there is an exception where the plaintiff can prove that an oral promise to answer for the debt of another "is supported by a new consideration moving to the...

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