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First Dept. Reaffirms that Email “Signatures” Count

Posted by Andrew J. Barovick | Feb 24, 2009 | 0 Comments

In Williamson v. Delsener , NY Slip Op 01333 (1st Dept. 2009), the Appellate Division, First Department held, in a dispute over the terms of a settlement, that “e-mails exhanged between counsel, which contained their printed names at the end, constitute signed writings (CPLR 2104) within the meaning of the statute of frauds (citations omitted) and entitle plaintiff to judgment (CPLR 5003-a[e]).”

Therefore, if you, in a legal context,  agree to something in an email which you send with your standard, printed “signature” at its end, courts will consider the agreement to have been reduced to writing, and it may well be viewed as part of an enforceable contract.  So, add this to the myriad reasons why you must be careful before pressing your “send” button.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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