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Current Developments in the Commercial Divisions of the
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Posted: November 19, 2016

Quasi-Contract and Tort Claims Cannot Revive Contract Claims Barred by Statute of Frauds

On November 15, 2016, the First Department issued a decision in Komolov v. Segal, 2016 NY Slip Op. 07584, holding that quasi-contract and tort claims cannot revive contract claims barred by the statute of frauds, explaining:

The motion court properly dismissed plaintiffs’ claims for unjust enrichment, conversion, and fraudulent misrepresentation in connection with the sales of allegedly counterfeit art. These quasi-contractual and tort claims were duplicative of underlying, unenforceable contractual claims and thus constituted an impermissible attempt to circumvent the statute of frauds.

(Internal quotations and citations omitted).

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