Green v. National Birth Record Co.

Appellate Division of the Supreme Court of New York

Green v. National Birth Record Co.

13 A.D.2d 755, 215 N.Y.S.2d 97, 1961 N.Y. App. Div. LEXIS 10657

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

DecidedMay 23, 1961

StatusPublished

This text of 13 A.D.2d 755 (Green v. National Birth Record Co.) 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

Green v. National Birth Record Co., 13 A.D.2d 755, 215 N.Y.S.2d 97, 1961 N.Y. App. Div. LEXIS 10657 (N.Y. Ct. App. 1961).

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Opinion

Order, entered on January 6, 1961, denying defendant’s motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to appellant, and the motion for summary judgment granted, with $10 costs. As we construe the alleged oral agreement, it was not perform-, able within one year from the making thereof (Personal Property Law, § 31, subd. 1) and, therefore, is unenforeible (cf. Zupan v. Blumberg, 2 N Y 2d 547; Martocci v. Greater New York Brewery, 301 N. Y. 57; Cohen v. Bartgis Bros. Co., 264 App. Div. 260, affd. 289 N. Y. 846). Concur — Breitel, J. P., Rabin, Stevens, Eager and Bastow, JJ.

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Order, entered on January 6, 1961, denying defendant’s motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to appellant, and the motion for summary judgment granted, with $10 costs. As we construe the alleged oral agreement, it was not perform-, able within one year from the making thereof (Personal Property Law, § 31, subd. 1) and, therefore, is unenforeible (cf. Zupan v. Blumberg, 2 N Y 2d 547; Martocci v. Greater New York Brewery, 301 N. Y. 57; Cohen v. Bartgis Bros. Co., 264 App. Div. 260, affd. 289 N. Y. 846). Concur — Breitel, J. P., Rabin, Stevens, Eager and Bastow, JJ.

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Bluebook (online)

13 A.D.2d 755, 215 N.Y.S.2d 97, 1961 N.Y. App. Div. LEXIS 10657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-national-birth-record-co-nyappdiv-1961.

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