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H & H POULTRY v. MBPXL CORP

95 Misc.2d 895 (1978)

H & H Poultry Corp. of N. Y., Plaintiff, v. MBPXL Corp., Defendant.

Supreme Court, Bronx County.

June 22, 1978

Attorney(s) appearing for the Case

Sahn, Shapiro & Epstein for plaintiff. Breed, Abbott & Morgan for defendant.

IVAN WARNER, J.

This court determines that the alleged agreement or promise sued upon is unenforceable under section 5-701 (subd a, par 1) of the General Obligations Law, inasmuch as there was no note or memorandum of it in writing subscribed by the defendant, MBPXL Corp., or by its lawful agent, wherein such alleged agreement or promise "[b]y its terms [was] not to be performed within one year from the making thereof".

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