Financial Structures Ltd. v. UBS AG
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered November 9, 2009, which, to the extent appealed from, denied defendants’ motion seeking to dismiss the *418first and second causes of action and related injunctive relief, unanimously modified, on the law, the motion granted with respect to dismissal of the first cause of action and all claims for injunctive relief, and otherwise affirmed, without costs.
The alleged oral side agreement was capable of full performance within one year, and thus was not barred by the statute of frauds (see General Obligations Law § 5-701 [a]…
2Cases cited15 opinions
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
- 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
- Blake v. . VoigtNew York Court of Appeals · 1892
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3Cited by24 opinions
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- HSH Nordbank AG v. UBS AGAppellate Division of the Supreme Court of the State of New York · 2012
- Jeffers v. American University of AntiguaAppellate Division of the Supreme Court of the State of New York · 2015
- Havell Capital Enhanced Municipal Income Fund v. CitibankAppellate Division of the Supreme Court of the State of New York · 2011
- Cathy Daniels, Ltd. v. WeingastAppellate Division of the Supreme Court of the State of New York · 2012
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