Gural v. Drasner

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…