BARBARA A BOTIS VS. ESTATE OF GARY G KUDRICK VS. WELLS
FARGO BANK
A-5562-09T4
Effective January 18, 2009, the statute of frauds, N.J.S.A.
25:1-5 to -16, was amended to include palimony agreements among
the types of "agreements or promises" that must be in writing
and signed by the parties in order to be enforceable. N.J.S.A.
25:1-5(h); L. 2009, c. 311, § 1. This case requires us to
determine whether to accord the amendment retroactive effect in
a case filed against the deceased promisor's Estate prior to the
effective date of the amendment on an alleged palimony agreement
enforceable when the complaint was filed. We conclude that the
amendment applies prospectively and affirm the June 9, 2010
order denying the Estate's motion to dismiss the complaint,
which is before us on leave granted. 04-21-11
