Whitehill v. Maimonides School

Appellate Division of the Supreme Court of New York

Whitehill v. Maimonides School

53 A.D.2d 568, 384 N.Y.S.2d 818, 1976 N.Y. App. Div. LEXIS 13192

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

DecidedJune 22, 1976

StatusPublished

Cited by5 cases

This text of 53 A.D.2d 568 (Whitehill v. Maimonides School) 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

Whitehill v. Maimonides School, 53 A.D.2d 568, 384 N.Y.S.2d 818, 1976 N.Y. App. Div. LEXIS 13192 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, New York County, entered on October 8, 1975, denying defendant’s motion for summary judgment dismissing the complaint in this action for damages for breach of an oral contract of employment, unanimously reversed, on the law, and complaint dismissed, without costs and without disbursements. Based upon the allegations in the complaint, the items of plaintiffs bill of particulars and his pretrial testimony, it is beyond dispute in this record that the oral contract sued upon was made on July 6, 1973, with performance to commence on August 1, 1973 and be completed on July 31, 1974. As a matter of law, such an agreement is violative of the Statute of Frauds and, accordingly, is not enforcible. "The agreement * * * was void since 'By its terms it [was] not to be performed within one year from the making thereof. (General Obligations Law, § 5-701.)” (Hanan v Corning Glass Works, 35 AD2d 697, 698.) Concur—Stevens, P. J., Markewich, Kupferman, Capozzoli and Nunez, JJ.

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Order, Supreme Court, New York County, entered on October 8, 1975, denying defendant’s motion for summary judgment dismissing the complaint in this action for damages for breach of an oral contract of employment, unanimously reversed, on the law, and complaint dismissed, without costs and without disbursements. Based upon the allegations in the complaint, the items of plaintiffs bill of particulars and his pretrial testimony, it is beyond dispute in this record that the oral contract sued upon was made on July 6, 1973, with performance to commence on August 1, 1973 and be completed on July 31, 1974. As a matter of law, such an agreement is violative of the Statute of Frauds and, accordingly, is not enforcible. "The agreement * * * was void since 'By its terms it [was] not to be performed within one year from the making thereof. (General Obligations Law, § 5-701.)” (Hanan v Corning Glass Works, 35 AD2d 697, 698.) Concur—Stevens, P. J., Markewich, Kupferman, Capozzoli and Nunez, JJ.

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Bluebook (online)

53 A.D.2d 568, 384 N.Y.S.2d 818, 1976 N.Y. App. Div. LEXIS 13192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehill-v-maimonides-school-nyappdiv-1976.

Opinion

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