Legal Opinion

Gold v. Katz

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

Decided May 27, 1993PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Myriam Altman, J.), entered on or about September 25, 1992, which denied defendants’ motion to dismiss the amended complaint and for a protective order, unanimously affirmed, with costs.

We agree with the IAS Court that the fee-sharing agreement alleged by plaintiff for the period that he was "Of Counsel” to defendant law firm was capable of performance within a year (see, Apostolos v R.D.T. Brokerage Corp., 159 AD2d 62, 64, citing Boening v Kirsch Beverages, 63 NY2d 449, 454), and therefore not barred by General Obligations Law § 5-701 (a) (1). Not only…

2Cases cited5 opinions

  1. D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
  2. Nat Nal Service Stations, Inc. v. WolfNew York Court of Appeals · 1952
  3. Apostolos v. R.D.T. Brokerage Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Nicholson v. NasonAppellate Division of the Supreme Court of the State of New York · 1993
  5. Marini v. D'ApolitoAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. Hayden v. ZarkadasAppellate Division of the Supreme Court of the State of New York · 2005
  2. Tannenbaum v. ReichenbaumAppellate Division of the Supreme Court of the State of New York · 1996
  3. Goldfarb v. RomanoAppellate Division of the Supreme Court of the State of New York · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API