Legal Opinion

Prince v. O'Brien

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1996PublishedCited by 18 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 30, 1996, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

The IAS Court properly rejected defendants’ argument that the provision of the Statute of Frauds which bars enforcement of oral agreements which by their terms are not to be performed within a year of their making or before the end of a lifetime (General Obligations Law § 5-701 [a] [1]) requires dismissal of plaintiffs claim, which is…

2Cases cited2 opinions

  1. Wahl v. . BarnumNew York Court of Appeals · 1889
  2. Rella v. McMahonAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by18 opinions

  1. Foster v. KovnerAppellate Division of the Supreme Court of the State of New York · 2007
  2. Kidz Cloz, Inc. v. Officially for Kids, Inc.District Court, S.D. New York · 2004
  3. Moses v. SavedoffAppellate Division of the Supreme Court of the State of New York · 2012
  4. Sterling v. SterlingAppellate Division of the Supreme Court of the State of New York · 2005
  5. Prince v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1998

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