In the case of HCJV 115 & 135 Hoyt Avenue Owner LLC v. Project Veritas, the Supreme Court of New York examined the legal principles of contract formation, part performance, and the parol evidence rule. The case involved a lease agreement between the plaintiff (landlord) and the defendant (tenant). The plaintiff alleged that the defendant breached the lease by failing to pay rent on time, while the defendant claimed that the parties had orally agreed to terminate the lease. The court, however, found that the defendant failed to provide enough evidence to prove the existence of an oral agreement to terminate the lease.   If you reach an agreement, a handshake is just not enough. A well drafted agreement is worth its weight in gold (Bitcoin).

The court’s decision in this case highlights the importance of written agreements, especially in the context of real estate transactions. While oral agreements can be enforceable in some cases, they are often difficult to prove, especially when the terms of the agreement are disputed by the parties. In this case, the court emphasized that the lease agreement required any modifications to be in writing and signed by both parties.   

Lessons to be Learned

The case of HCJV 115 & 135 Hoyt Avenue Owner LLC v. Project Veritas offers several lessons for parties to a lease agreement:

1. Put it in Writing and Sign it: Ensure that all lease agreements, and any subsequent modifications, are in writing and signed by all parties involved. This helps to avoid any disputes about the terms of the agreement.   
2. Be Careful What You Say and Do: Avoid making any oral promises or representations about the lease agreement that are not reflected in the written document. Such promises can be difficult to enforce and can lead to misunderstandings and disputes.   
3. Detailed Records: Keep detailed records of all communications and transactions related to the lease agreement, including emails, letters, and payment records. This can help to establish the terms of the agreement and the parties’ understanding of those terms.   
4. Be Aware of the Risks: Understand that relying on oral agreements or part performance to modify a written lease agreement can be risky. If a dispute arises, the court may not enforce the modification if it is not in writing and signed by both parties.   
5. Seek Legal Advice: If there is any doubt about the terms of a lease agreement, or if the parties wish to modify the agreement, it is important to seek legal advice from a qualified attorney. An attorney can help to ensure that the agreement is properly documented and that the parties’ rights are protected.   

The case of HCJV 115 & 135 Hoyt Avenue Owner LLC v. Project Veritas serves as a reminder of the importance of written agreements and the risks of relying on oral modifications or part performance. By following the lessons from this case, parties to a lease agreement can help to avoid costly and time-consuming disputes.