Nicosia v. Muller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law with costs and motion denied in part in accordance with the following Memorandum: Plaintiff commenced this action seeking damages for breach of an alleged written agreement to provide pension benefits. Defendants moved, inter alia, for an order declaring that, because the three original copies of the written agreement cannot be found and defendants do not admit the existence of such an agreement, the Statute of Frauds (General Obligations Law § 5-701 [a] [1]) precludes plaintiff from proving the existence and terms of the…
2Cases cited8 opinions
- Lapidus v. New York City Chapter of New York State Ass'n for Retarded Children, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Dependable Lists, Inc. v. MalekAppellate Division of the Supreme Court of the State of New York · 1983
- A.F.L. Falck, S.P.A. v. E.A. Karay Co.District Court, S.D. New York · 1989
- Posner v. RosenbaumAppellate Division of the Supreme Court of the State of New York · 1934
- Lynch v. SavareseAppellate Division of the Supreme Court of the State of New York · 1995
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- Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 2007