On defendant's motion, the claim on an express contract for compensation for services was dismissed as failing to comply with the provisions of the Statute of Frauds relating to contracts which by their terms are not to be performed within one year. (General Obligations Law, § 5-701, subd 1.) Thus defendant was precluded from relying upon that express contract to measure plaintiff's recovery. The parties did not attempt to try out below nor have they argued in this court...
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