Legal Opinion

Meltzer v. Koenigsberg

New York Court of Appeals

Decided June 1, 1951PublishedCited by 117 opinions

1Per curiam

The Statute of Frauds requires that an agreement be in writing if by its terms performance is “ not to be completed before the end of a lifetime ” (Personal Property Law, § 31, subd. 1). Had the Legislature intended the “ lifetime ” referred to to be the lifetime of the promisor, the party to be charged, or the lifetime of any particular person, it could easily and readily have so provided. (See 4 Ariz. Code Ann. [Official ed.], § 58-101, subd. 8; Cal. Code Civ. Pro., § 1973, subd. 6.) The language found in the statute is clear and unambiguous, and, as this court long ago declared, and…

2Cases cited2 opinions

  1. McCluskey v. . CromwellNew York Court of Appeals · 1854
  2. In re the Accounting of RathscheckNew York Court of Appeals · 1950

3Cited by117 opinions

  1. People v. GrahamNew York Court of Appeals · 1982
  2. Bender v. Jamaica HospitalNew York Court of Appeals · 1976
  3. Daniman v. Board of EducationNew York Court of Appeals · 1954
  4. Bright Homes, Inc. v. WrightNew York Court of Appeals · 1960
  5. New Amsterdam Casualty Co. v. SteckerNew York Court of Appeals · 1957

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