Parma Tile Mosaic & Marble Co. v. Estate of Short

In Parma Tile Mosaic & Marble Co. v. Estate of Short, 87 N.Y.2d 524 [1996] the Court of Appeals decided that "the automatic imprinting, by a fax machine, of the sender's name at the top of each page transmitted" (id. at 526) did not "constitute a signing authenticating the contents of the document for Statute of Frauds purposes" because the fax machine "after being programmed to do so, automatically imprinted [the sender's name] on every page transmitted, without regard to the applicability of the Statute of Frauds to a particular document." (Id. at 528.) Nor does the intentional programming of the fax machine suffice to demonstrate the sender's "intention to authenticate every document subsequently faxed." (Id. at 528.) The fax transmission in Parma did not satisfy the statute of frauds because there was never any demonstration of the sender's specific intent to authenticate it and not because it was electronically transmitted. Electronic transmissions are not, in and of themselves, incapable of subscription and indeed as the Parma court itself observed, the statute of frauds was specifically amended as of September 1994 to say just this. (Id. at 528 n 1.)