Legal Opinion
Gural v. Drasner
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 2013PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
The question presented here is whether a part performance exception should be applied to contracts that are not capable of performance within one year of their making, which must be in writing pursuant to General Obligations Law § 5-701 (a) (1). While this Court’s decisions have been inconsistent on the issue, review of the statute and controlling case law *27compels us to conclude that no such exception is authorized, since unlike General Obligations Law § 5-703, which explicitly provides for a part performance exception for oral contracts for the conveyance of an…
2Cases cited21 opinions
- Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
- D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
- Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
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3Cited by4 opinions
- Ed Dewitte Ins. Agency, Inc. v. Fin. Assocs. Midwest, Inc.Supreme Court of Kansas · 2018
- Bank of New York Mellon v. IzmirligilNew York Supreme Court · 2014
- Bank of New York Mellon v. MorgaNew York Supreme Court · 2017
- Xue v. KoenigDistrict Court, S.D. New York · 2021