New York Court of Appeals
Martin Roofing, Inc. v. Sheldon S. Goldstein, Also Known as Shelly Goldstein
November 29, 198360 N.Y.2d 262
Summary
The Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's claim that a former officer and minority stockholder of Bon‑Aire Industries orally promised to pay the plaintiff's debt to Bon‑Aire Construction. The court held that the plaintiff failed to show consideration that was beneficial to the defendant and therefore could not take the promise out of the Statute of Frauds. Consequently the oral promise was unenforceable.