Legal Opinion
Lenz v. World-Wide Automobiles Corp.
New York Supreme Court
Decided November 8, 1957PublishedCited by 3 opinions
1Opinion of the CourtRegis O’Brien, J.
Motion for an order dismissing the complaint pursuant to rule 112 of the Rules of Civil Practice on the ground that the agreement upon which the complaint is based is void and unenforcible because not in writing (Personal Property Law, § 31, subd. 1). Said section, insofar as material to this matter, provides:
‘ ‘ Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking:
‘ ‘ 1. By its terms is not to be performed within one…
2Cases cited17 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Cohen v. Bartgis Bros.Appellate Division of the Supreme Court of the State of New York · 1942
- Blake v. . VoigtNew York Court of Appeals · 1892
- Cohen v. Bartgis Brothers CompanyNew York Court of Appeals · 1943
- Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
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3Cited by3 opinions
- Metro-Goldwyn-Mayer Inc. v. ScheiderNew York Supreme Court · 1972
- Rifkind v. Web IV Music, Inc.New York Supreme Court · 1971
- Shapiro v. 123 Cedar St. Corp.New York Supreme Court · 1961