Slabakis v Olympos Trading Corp.

Holding The court granted summary judgment dismissing the complaint because the plaintiff’s claim for a lost written agreement was barred by the statute of frauds and the Dead Man’s Statute, as he failed to provide admissible evidence of part performance or third-party corroboration. Additionally, the court denied the plaintiff’s motion to amend the complaint to add a joint venture theory due to undue delay and insufficient factual allegations regarding the sharing of losses.

The court’s words

The loss or destruction of a written instrument does not deprive it of effect under the Statute of Frauds

2026 NY Slip Op 51825[U], at the official text

the part performance exception to the statute of frauds does not apply to plaintiff's actions

2026 NY Slip Op 51825[U], at the official text

the Dead Man's Statute bars his testimony at trial

2026 NY Slip Op 51825[U], at the official text

the proposed amendment fails to properly allege that there was a joint venture

2026 NY Slip Op 51825[U], at the official text