American Credit Services, Inc. v. Jay Robinson Chrysler/Plymouth, Inc.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the complaint on the ground that plaintiff’s cause of action is barred by the Statute of Frauds (see, General Obligations Law § 5-701 [a] [1]). The Statute applies only to agreements that, by express and specific agreement, are not to be performed within one year (Banker’s Trust Co. v Steenburn, 95 Misc 2d 967, 984, affd 70 AD2d 786). It does not apply to an agreement that appears by its terms to be fully capable of performance within one…