Legal Opinion

Fafoutis v. Lyons

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

Decided April 17, 1989PublishedCited by 6 opinions

1Opinion of the Court

In an action to enforce an oral promise, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Murphy, J.), dated May 15, 1987, as denied their cross motion to dismiss the complaint as barred by either the Statute of Limitations or the Statute of Frauds.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed, and the defendants’ counterclaim against the plaintiff is severed.

According to the complaint, the plaintiff James Fafoutis, entered into a…

2Cases cited5 opinions

  1. Ripley v. International Railways of Central AmericaNew York Court of Appeals · 1960
  2. Martin Roofing, Inc. v. GoldsteinNew York Court of Appeals · 1983
  3. Goncalves v. Regent International Hotels, Ltd.New York Court of Appeals · 1983
  4. Carpenter v. . TaylorNew York Court of Appeals · 1900
  5. Tender Loving Care Agency, Inc. v. HladunAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by6 opinions

  1. Care Travel Company, Ltd. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1991
  2. CIBC Bank & Trust Co. v. Banco Central Do BrasilDistrict Court, S.D. New York · 1995
  3. Borg-Warner Acceptance Corp. v. Department of StateMichigan Supreme Court · 1989
  4. Gordon v. Kaleida HealthDistrict Court, W.D. New York · 2012
  5. Maguire Co., Inc. v. Herbert Const. Co., Inc.District Court, S.D. New York · 1996

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