Y. David Scharf’s Landmark Case Cited in Article Analyzing When an Email Constitutes a Contract

February 23, 2018 – Morrison Cohen Partner Y. David Scharf's landmark ruling in the Second Department case Leist v Tugenhaft was cited in the article “Avoid Creating an Email Contract: The Rules” that appeared in the February 2018 issue of the NYSBA Journal.  The article discusses when an email exchange will be deemed to constitute an enforceable contract and how to prevent or create such a binding contract.

In Leist v Tugenhaft, the court held that even assuming an email was otherwise sufficient to comply with the Statute of Frauds for the conveyance of real property, the email with a “Memo of Sale” subscribed by no one, sent as an attachment to an email from the defendant's “listing agent” to the plaintiff's attorney was clearly inadequate, since it was not subscribed, even electronically, by the defendants who are the parties to be charged, or by anyone purporting to act in their behalf.  Click here to read the Leist v. Tugenhaft decision.