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CINEFOT INT. CORP. v. HUDSON PHOTO. IND.

13 N.Y.2d 249 (1963)

Cinefot International Corp., Appellant, v. Hudson Photographic Industries, Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Emanuel Eschwege for appellant.

Wm. Peyton Marin for respondent.

Judges FULD, BURKE, FOSTER and SCILEPPI concur with Chief Judge DESMOND; Judges DYE and VAN VOORHIS dissent and vote to affirm for the reasons stated in the opinion at the Appellate Division.

Chief Judge DESMOND.

In passing on the correctness of the Appellate Division's dismissal of this complaint we must give our attention to these questions of law:

(1) As to a fully performed oral agreement for one year of service unenforcible under the Statute of Frauds because the terminal date of performance was more than a year after the making of the pact, may the conduct of the parties in continuing...

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