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ASCIUTTO v. BARCO AUTO LEASING CORP.

125 A.D.2d 431 (1986)

Peter Asciutto, Appellant, v. Barco Auto Leasing Corp. et al., Respondents

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

December 15, 1986

Ordered that the judgment is affirmed, with costs.

The instant action to rescind an automobile leasing agreement is premised upon the defendant Friendly Pontiac, Inc.'s purported breach of an alleged related oral advertising agreement which it entered into with the plaintiff. However, the record reveals that the alleged oral advertising agreement was one which by its terms could not be performed within one year. Therefore...

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