Martin Roofing, Inc. v. Goldstein

— In an action to recover damages based upon an oral contract, defendant appeals from a judgment of the Supreme Court, Rockland County (Skahen, J.), entered March 16,1982, which is in favor of plaintiff in the principal sum of $11,000, upon a jury verdict. Judgment reversed, on the law, without costs or disbursements, and the complaint is dismissed. An oral promise to guarantee the debt of another is *1066barred by the Statute of Frauds (General Obligations Law, § 5-701). However, the oral promise may be taken out of the Statute of Frauds if two requirements are met. First, the promise must…