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  5. 198 A.D.2d 320 (1993)
 

CADIN CONTRACTING CORP. v. A. D. HERMAN CONSTR. CO., INC.

198 A.D.2d 320 (1993)

605 N.Y.S.2d 884

Cadin Contracting Corporation, Respondent, v. A. D. Herman Construction Co., Inc., Appellant

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

November 15, 1993

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there is a question of fact as to whether the alleged oral contract contained a one-year guarantee against defects in workmanship that rendered the contract incapable of being performed in one year and thus unenforceable under General Obligations Law § 5-701 (see, Halpern v Shafran, 131 A.D.2d 434). Although the defendant presented...

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