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MATTER OF HENNEL

No. 78.

29 N.Y.3d 487 (2017)

80 N.E.3d 1017

58 N.Y.S.3d 271

2017 NY Slip Op 05266

In the Matter of the Estate of EDMUND FELIX HENNEL, Also Known as EDMUND HENNEL, Deceased. GREGORY HENNEL et al., Respondents; HAZEL HENNEL, as Executor of EDMUND FELIX HENNEL, Deceased, Appellant.

Court of Appeals of New York.

Decided June 29, 2017.

Attorney(s) appearing for the Case

Englert, Coffey, McHugh & Fantauzzi, Schenectady ( Peter V. Coffey of counsel), for appellant.

Martin, Shudt, Wallace, DiLorenzo & Johnson, Troy ( Robert L. Adams and Veronika Grochowalski of counsel), for respondents.

Chief Judge DiFIORE and Judges RIVERA, STEIN and GARCIA concur; Judge WILSON dissents in part in an opinion; Judge FEINMAN taking no part.

OPINION OF THE COURT

Petitioners seek to enforce an oral promise that would otherwise be void under the statute of frauds. They rely on the theories of promissory estoppel and unconscionability. We agree, as a general matter, that where the elements of promissory estoppel are satisfied and enforcement of the statute of frauds...

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