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What New York State statutue governs business contracts and enforcement of contracts?

Specifically if a business contract was signed by one party, returned to the other party, and then the contract was acted upon over the next three years is it a valid contract even though the second party never returned a signed or fully executed copy to the first party? The second party acknowledge receipt of the contract signed by first party but now is trying to claim there is no valid contract.

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Attorney answers (1)

Reputation Level 11
This question requires the exploration of several different areas before it can be answered. I will provide you with some general information since i don't know the specifics of your contract: 1) the New York Statute of Frauds requires certain contracts to be in writing in order for them to be enforceable. If your contract falls within the staute of frauds then it may not be enforceable if it is not in writing; 2) the doctrine of substantial or even part performance can prevent a party from claiming that he or she did not sign the contract and therefore should not have to comply with its terms if one of hte parties has already begun performing the terms of the contract. This response if provided for informational purpoes only. You should speak to a local attorney regarding your specific situation if you are seeking legal advice.
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