Perini v. Sabatelli

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Austin, J.), entered July 17, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

Enforcement of an oral promise to guarantee the debt of another is barred by the statute of frauds (see General Obligations Law § 5-701 [a] [2]). However, there is an exception where the plaintiff can prove…