ENFORCEABILITY OF AGREEMENTS ENTIRELY WRITTEN IN CODE (CON’T) • Enforceability of purely electronic financial contracts buttressed by First Department’s decision in Naldi v. Grunberg, 80 A.D.3d 1, 12, 908 N.Y.S.2d 639, 646 (2010). • Court held that “E–SIGN's requirement that an electronically memorialized and subscribed contract be given the same legal effect as a contract memorialized and subscribed on paper is part of New York law.” • Broad language of E-Sign should be given effect at least in the First Department. 148 UNRESTRICTED