Legal Question in Real Estate Law in New York

In a case the plaintiff alleges...the counterclaim is barred, in whole or in part, upon allegations that are inconsistent with the terms of the note and mortgage, is barred by the Statue of Frauds. The defendant alleges that in order for the Statue of Frauds to be proper "good title" in a new property is required and that fraud does not support a legal contact; therefore, the Statue of Frauds is void and not support by the law. Does that seem like a reasonable defense?


Asked on 7/24/09, 1:45 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

I really do not understand your question.\n\nStatute of Frauds defense is normally used when an agreement must be - and is not - in writing.\n\nMike.

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Answered on 7/31/09, 10:20 am


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