New York law requires the existence of a writing in many circumstances in order for legal rights or obligations to be conferred. There are statutes that require certain agreements to be in writing, for example, contracts for the conveyance of real property, N.Y. Gen. Oblig. Law §5-703(1); contracts for the payment of finder’s fees, N.Y. Gen. Oblig. Law §5-701(10); and modifications to written agreements which state that they cannot be changed orally, N.Y. Gen. Oblig. Law §15-301. In addition, the parties themselves may require a written agreement, or an agreement between the parties may require that any amendments or modifications be in writing.
While the necessity of a writing in many cases should be quite evident, New York courts are continually faced with lawsuits brought by parties who have failed to abide by contractual writing requirements. A recent decision authored by Justice David Saxe of the Appellate Division, First Department, specifically addresses this issue and provides a clear example of how required writings cannot be avoided.
