Legal Opinion
Coinmach Industries Corp. v. Domnitch
New York Court of Appeals
Decided October 28, 1975PublishedCited by 5 opinions
1Opinion of the Court
Memorandum. We affirm the order of the Appellate Division, with costs.
The oral agreement in this case falls squarely within the classic rule most recently restated by this court in North *891Shore Bottling Co. v Schmidt & Sons (22 NY2d 171), and is therefore not barred by the Statute of Frauds (General Obligations Law, § 5-701, subd 1). The contingency, that the agreement would be terminated by appellant’s sale of the buildings in which respondent was to place its coin-operated laundry machines, makes the contract capable of being performed within a year. The rule as articulated in North Shore…
2Cases cited2 opinions
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Blake v. . VoigtNew York Court of Appeals · 1892
3Cited by5 opinions
- South Cherry Street, LLC v. Hennessee Group LLCCourt of Appeals for the Second Circuit · 2009
- D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
- Darby Trading Inc. v. Shell International Trading & Shipping Co.District Court, S.D. New York · 2008
- Shirley Polykoff Advertising, Inc. v. Houbigant, Inc.New York Court of Appeals · 1978
- Schara v. Commercial Envelope Manufacturing Co.Court of Appeals for the First Circuit · 2003