Legal Opinion
Clow Water Systems Corp. v. NAB Construction Corp./Schiavone Construction Corp.
District Court, E.D. New York
Decided September 29, 1988No. 88 CV 1133PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
McLAUGHLIN, District Judge.
This action was brought by Clow Water Systems Corp. (“Clow”) to recover damages for the alleged breach of an oral contract by defendant NAB Construction Corp./Schiavone Construction Corp. (“NAB/Schiavone”), a joint venture. Defendant NAB/Schiavone moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that the contract does not comply with the Uniform Commercial Code’s Statute of Frauds, U.C.C. § 2-201, and, therefore, is unenforceable.
FACTS
In July 1985, Clow entered into an oral agreement with NAB/Schiavone under the terms of which…
2Cases cited5 opinions
- R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Harold R. Farrow v. Robert v. Cahill and Joel R. KaswellCourt of Appeals for the D.C. Circuit · 1980
- Embedded Moments, Inc. v. International Silver Co.District Court, E.D. New York · 1986
- General Matters, Inc., a Florida Corporation D/B/A York Associates, Plaintiff v. Penny Products, Inc., an Indiana CorporationCourt of Appeals for the Fifth Circuit · 1981
3Cited by1 opinion
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