Legal Opinion
Brown v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 2004PublishedCited by 19 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered June 20, 2003, which granted defendant’s motion to dismiss the first, second, third, fourth, fifth, sixth, eighth and ninth causes of action of the complaint, unanimously affirmed, with costs.
In this dispute between plaintiff and his father concerning an alleged breach of certain oral agreements, as well as defendant’s separation agreement in connection with his divorce from plaintiffs mother, enforcement of the purported oral promises was barred by the statute of frauds (EPTL 13-2.1 [a] [2]; General Obligations Law § 5-701…
2Cases cited5 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Blackmon v. Estate of BattcockNew York Court of Appeals · 1991
- Pevner v. EnslerAppellate Division of the Supreme Court of the State of New York · 2003
- J.E. Capital, Inc. v. Karp Family AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by19 opinions
- Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
- Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
- Kapsis v. American Home Mortgage Servicing Inc.District Court, E.D. New York · 2013
- MatlinPatterson ATA Holdings LLC v. Federal Express Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Celle v. Barclays Bank P.L.C.Appellate Division of the Supreme Court of the State of New York · 2008
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