Messner Vetere Berger McNamee Schmetterer Euro Rscg Inc., Appellant v. Aegis Group Plc, Respondent

Summary

The New York Court of Appeals answered two certified questions from the Second Circuit and held that the plaintiff’s pleadings did not adequately invoke the part‑performance exception to the Statute of Frauds and that part performance by the defendant alone does not state a claim under that doctrine. Accordingly, the district court’s dismissal of the complaint was affirmed.