Jordache Ltd. v. Oved

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered August 29, 2006, which, upon renewal, granted defendants’ motion for summary judgment, unanimously affirmed, with costs.

Plaintiffs appellate arguments are almost wholly unpreserved. Nevertheless, were we to review these claims, we would find, as did the motion court, that the oral joint venture agreement was barred by the statute of frauds (see General Obligations Law § 5-701 [a] [1]).

On appeal, plaintiff attempts to save its breach of contract claim from application of the statute of frauds by asserting for the first time…