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
