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 performable within one year from the making thereof (Personal Property Law, § 31, subd. 1) and, therefore, is unenforcible (cf. Zupan v. Blumberg,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
