DeVito v. Sheeran

The opinion of the Court was delivered by

LAVECCHIA, J.

Following a six-week trial, a jury found that a contract implied-in-fact existed as among plaintiff Emil DeVito, defendants James J. Sheeran and Lena Chang, and non-parties Arthur H. Aaronson and Richard McDonough. The jury concluded that Chang had breached that contractual agreement and awarded DeVito $1,825,000 in damages. On appeal, the Appellate Division, in an unpublished opinion, reversed the jury’s verdict, holding that the agreement reached by the parties was unenforceable because it failed to satisfy the writing requirements for…