Legal Opinion

McCoy v. Edison Price, Inc.

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

Decided October 20, 1992PublishedCited by 3 opinions

1Opinion of the Court

— Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about July 10, 1991, which granted defendant’s motion pursuant to CPLR 3211 (a) (5), (7) and (c) to dismiss the plaintiffs’ complaint, unanimously affirmed, without costs.

The IAS Court properly determined that the alleged oral agreement upon which the three causes of action of plaintiffs’ complaint were premised was unenforceable and barred by *443the New York Statute of Frauds, General Obligations Law § 5-701 (a) (1). The agreement, by its terms, was to last for as long as the defendant remained in business, and thus…

2Cases cited4 opinions

  1. D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
  2. Zupan v. BlumbergNew York Court of Appeals · 1957
  3. Shirley Polykoff Advertising, Inc. v. Houbigant, Inc.New York Court of Appeals · 1978
  4. McCollester v. ChisholmAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by3 opinions

  1. Michael Zaitsev v. Salomon Brothers, Inc.Court of Appeals for the Second Circuit · 1995
  2. Sabharwal v. Eminax, LLCAppellate Division of the Supreme Court of the State of New York · 2003
  3. Rosenblatt v. LevyAppellate Division of the Supreme Court of the State of New York · 1994

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