Culotta v. Banana Sales Corp.

The plaintiff seeks to recover damages for breach of a contract of employment, alleging that such contract was made in connection with the sale by plaintiff of his banana business and the lease of the premises on which the business was conducted. Plaintiff claims that he was employed for three years, from March 11, 1929, and was discharged on the 29th of April, 1929.

The defendant in its answer sets up the Statute of Frauds (Pers. Prop. Law, § 31) as a defense, claiming that as the contract relied upon by plaintiff was not to be performed within one year, the period of its duration must be…