Coinmach Industries Corp. v. Domnitch

Appellate Division of the Supreme Court of New York

Coinmach Industries Corp. v. Domnitch

46 A.D.2d 656, 361 N.Y.S.2d 321, 1974 N.Y. App. Div. LEXIS 3973

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

DecidedOctober 15, 1974

StatusPublished

This text of 46 A.D.2d 656 (Coinmach Industries Corp. v. Domnitch) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coinmach Industries Corp. v. Domnitch, 46 A.D.2d 656, 361 N.Y.S.2d 321, 1974 N.Y. App. Div. LEXIS 3973 (N.Y. Ct. App. 1974).

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Opinion

In an action to recover damages inter alia for breach of contract, defendant Domnitch appeals from a judgment of the Supreme Court, Nassau County, entered March 21, 1974, against him and in favor of plaintiff, upon a jury verdict. Judgment affirmed, with costs. No opinion. Martuscello, Acting P. J., Latham, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse upon the ground that the conditional right to terminate the four-year oral contract, upon which plaintiff sued, .in the event of a sale of the property by appellant, did not take the contract out of the requirement of the Statute of Frauds that it be in writing to be enforceable. This conditional right did not make the oral agreement one which, by its terms, was “not to be performed within one year from the making thereof” (General Obligations Law, § 5-701, subd. 1).

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In an action to recover damages inter alia for breach of contract, defendant Domnitch appeals from a judgment of the Supreme Court, Nassau County, entered March 21, 1974, against him and in favor of plaintiff, upon a jury verdict. Judgment affirmed, with costs. No opinion. Martuscello, Acting P. J., Latham, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse upon the ground that the conditional right to terminate the four-year oral contract, upon which plaintiff sued, .in the event of a sale of the property by appellant, did not take the contract out of the requirement of the Statute of Frauds that it be in writing to be enforceable. This conditional right did not make the oral agreement one which, by its terms, was “not to be performed within one year from the making thereof” (General Obligations Law, § 5-701, subd. 1).

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Bluebook (online)

46 A.D.2d 656, 361 N.Y.S.2d 321, 1974 N.Y. App. Div. LEXIS 3973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coinmach-industries-corp-v-domnitch-nyappdiv-1974.