CL3

 

Newmark & Co. Real Estate, Inc. contacted 2615 East 17 Street Realty, LLC to lease certain real property on behalf of a client. Newmark e-mailed the landlord a separate agreement for the payment of Newmark’s commission. The landlord sent an email back with a separate demand to pay the commission in installments. Newmark revised the agreement and e-mailed a final copy to the landlord. [Newmark & Co. Real Estate, Inc. v. 2615 East 17 Street Realty, LLC, 80 A.D.3d 476, 914 N.Y.S.2d 162 (1 Dept. 2011)] 

Does the agreement qualify as a writing under the Statute of Frauds? Explain.