Legal Opinion

Isaacs v. Incentive Systems, Inc.

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

Decided April 13, 1976PublishedCited by 16 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County, entered June 6, 1975 unanimously affirmed, without costs and without disbursements. On defendant’s motion, the claim on an express contract for compensation for services was dismissed as failing to comply with the provisions of the Statute of Frauds relating to contracts which by their terms are not to be performed within one year. (General Obligations Law, § 5-701, subd 1.) Thus defendant was precluded from relying upon that express contract to measure plaintiffs recovery. The parties did not attempt to try out below nor have they argued in this…

2Cases cited4 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Miller v. . SchlossNew York Court of Appeals · 1916
  3. Silberberg v. HaberAppellate Division of the Supreme Court of the State of New York · 1973
  4. Maemone v. Koren-DiResta Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974

3Cited by16 opinions

  1. Rommy Revson, Plaintiff-Counterclaim-Defendant-Appellant v. Cinque & Cinque, P.C., Defendant-Counterclaimant-AppelleeCourt of Appeals for the Second Circuit · 2000
  2. Kathryn M. Longo v. Shore & Reich, Ltd. Advest, Inc., and Gerald I. ReichCourt of Appeals for the Second Circuit · 1994
  3. Federal National Mortgage Ass'n v. MebaneAppellate Division of the Supreme Court of the State of New York · 1994
  4. Freedman v. PearlmanAppellate Division of the Supreme Court of the State of New York · 2000
  5. United States Fire Insurance Company v. Federal Insurance CompanyCourt of Appeals for the Second Circuit · 1988

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