In the Matter of the Estate of Edmund Felix Hennel, Also Known as Edmund Hennel, Deceased. Gregory Hennel…

Summary

The New York Court of Appeals reversed the Appellate Division and granted summary judgment for the estate, holding that the petitioners could not rely on promissory estoppel because enforcement of the statute of frauds would not cause an unconscionable injury. Accordingly, the oral promise to satisfy the mortgage is barred by the statute of frauds. The Court also noted that its decision establishes that promissory estoppel can only preclude the statute of frauds where the reliance injury is unconscionable. Justice Wilson dissented, arguing that the matter should be remitted to consider the "just debt" issue.