On June 10, 2022, the Fourth Department issued a decision in Ehlenfield v. Kingsbury, 2022 NY Slip Op. 03817, holding that e-mails with counsels’ names below the messages constituted signed writings, explaining:
We nevertheless conclude that, contrary to plaintiff’s contention, defendants established on their cross motion that the sale was valid inasmuch as plaintiff and her first two attorneys affirmatively consented to the sale. The day after decedent died, plaintiff sent a message to the brother about selling the property. Both of her initial attorneys knew of and affirmatively approved of the sale, and plaintiff’s consent to that sale is evidenced by the terms set forth in the various emails and text messages exchanged between plaintiff, the brother and their attorneys. It is well established that e-mails exchanged between counsel, which contain their printed names at the end, constitute signed writings within the meaning of the statute of frauds and can be the basis of a binding agreement.
(Internal quotations and citations omitted).