MEMORANDUM.
The order appealed from should be reversed, defendant's cross motion granted, summary judgment entered in favor of defendant, and the certified question answered in the negative. The issue presented on this appeal is whether the alleged oral contract is within the Statute of Frauds in that "[b]y its terms [it] is not to be performed within one year from the making thereof" (General Obligations Law, § 5-701, subd a, par 1). We hold that it is.
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