Goldman v. Ackerman

Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. The statute (Pers. Prop. Law, § 31) requires a writing only, if such agreement “ by its terms is not to be performed within one year from the making thereof.” The contract of employment sued upon is claimed to have been made on Saturday afternoon, November 14, 1925, for the period of one year. It is not the plaintiff’s proofs that the year was to begin on the following Monday when he commenced work. The contract was capable of performance within one year from the time it was made (Crown v. Litvak,…