1001 McKinney Ltd. v. Credit Suisse First Boston Mortgage Capital

The statute of frauds bars any recovery by 1001 McKinney Ltd. (the “Borrower”) *31against Credit Suisse First Boston Mortgage Capital (the “Lender”)1 and Credit Suisse First Boston LLC2 (the “Lender’s Parent”) on the alleged oral contract, but not for the reasons stated in the majority opinion. The court correctly affirms the summary judgment in favor of the Lender and the Lender’s Parent (collectively, the “Credit Suisse Parties”) on the Borrower’s claims alleging breach of an alleged oral contract, statutory fraud, negligent misrepresentation, conspiracy, and promissory estoppel. The court…