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Avoiding the Risks Of E-Mail Contracts

Any doubts that contracts affecting real property can be made by e-mail exchanges between the parties or their agents were eliminated last month in a unanimous decision by the Appellate Division, First Department. In Naldi v. Grunberg, the court unequivocally held that an e-mail exchange can satisfy the requirements of New York's Statute of Frauds and create an enforceable contract. Although the court declined to enforce the agreement at issue in Naldi because there was no meeting of the minds between the parties, the court's extensive analysis and discussion provides a road map for those seeking to enforce, or avoid, creating an enforceable agreement by e-mail exchanges.

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