WHITEHILL v. MAIMONIDES SCH.


53 A.D.2d 568 (1976)

Byron F. Whitehill, Respondent, v. Maimonides School, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 22, 1976


Based upon the allegations in the complaint, the items of plaintiff's 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...

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