Legal Opinion
H & H Poultry Corp. v. MBPXL Corp.
New York Supreme Court
Decided June 22, 1978PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Ivan Warner, J.
This court determines that the alleged agreement or promise sued upon is unenforceable under section 5-701 (subd a, par 1) of the General Obligations Law, inasmuch as there was no note or memorandum of it in writing subscribed by the defendant, MBPXL Corp., or by its lawful agent, wherein such alleged agreement or promise "[b]y its terms [was] not to be performed within one year from the making thereof’.
*896In effect, the complaint alleges that on or about June, 1977, the plaintiff, acting in its capacity as a commission merchant handling sales of meat and…
2Cases cited12 opinions
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Cohen v. Bartgis Bros.Appellate Division of the Supreme Court of the State of New York · 1942
- Zupan v. BlumbergNew York Court of Appeals · 1957
- Blake v. . VoigtNew York Court of Appeals · 1892
- Cohen v. Bartgis Brothers CompanyNew York Court of Appeals · 1943
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3Cited by1 opinion
- Bennett v. Atomic Products Corp.Appellate Division of the Supreme Court of the State of New York · 2010