Boltan v. Levy's Bazaar, Inc.

Appellate Terms of the Supreme Court of New York

Boltan v. Levy's Bazaar, Inc.

17 Misc. 2d 518, 191 N.Y.S.2d 396, 1958 N.Y. Misc. LEXIS 2316

Appellate Terms of the Supreme Court of New York·Decided November 24, 1958·Published

Opinion

Per Curiam.

The alleged oral contract was capable of performance within one year from the making thereof and is not violative of subdivision 1 of section 31 of the Personal Property Law (Blake v. Voigt, 134 N. Y. 69; Platt v. Whitelawn Dairies, 3 Misc 2d 19, affd. without opinion 2 A D 2d 683; Spector Co. v. Serutan Co., 60 N. Y. S. 2d 212, affd. without opinion 270 App. Div. 993).

The order should be unanimously reversed on the law and facts with $10 costs and taxable disbursements, and motion granted.

Concur — Pette, Di Giovanna and Brown, JJ.

Order reversed, etc.

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Per Curiam.

The alleged oral contract was capable of performance within one year from the making thereof and is not violative of subdivision 1 of section 31 of the Personal Property Law (Blake v. Voigt, 134 N. Y. 69; Platt v. Whitelawn Dairies, 3 Misc 2d 19, affd. without opinion 2 A D 2d 683; Spector Co. v. Serutan Co., 60 N. Y. S. 2d 212, affd. without opinion 270 App. Div. 993).

The order should be unanimously reversed on the law and facts with $10 costs and taxable disbursements, and motion granted.

Concur — Pette, Di Giovanna and Brown, JJ.

Order reversed, etc.

Boltan v. Levy's Bazaar, Inc., 17 Misc. 2d 518, 191 N.Y.S.2d 396, 1958 N.Y. Misc. LEXIS 2316 (N.Y. Ct. App. 1958).

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17 Misc. 2d 518 (Boltan v. Levy's Bazaar, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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