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ELLIS HOSP. CORP. v. PERCENT

65 A.D.2d 875 (1978)

Ellis Hospital Corporation, Appellant, v. James Percent, Doing Business as Central Television Rentals, Respondent. (ACTION No. 1.) Jim Percent, Also Known as Central Television Rentals, Respondent, v. Ellis Hospital Corporation, Appellant. (Action No. 2.)

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

November 16, 1978

The sole issue considered by the parties and/or their counsel upon the motion at Special Term and again upon this appeal was whether or not the bar of the Statute of Frauds (General Obligations Law, § 5-701) to an oral contract exceeding one year in performance could be waived. Special Term, in its decision, indicated that an oral contract exceeding one year in performance was unenforceable, but, nevertheless, found an issue of fact as to whether the agreement of the...

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