Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the complaint on the ground that plaintiff's cause of action is barred by the Statute of Frauds (see, General Obligations Law § 5-701 [a] [1]). The Statute applies only to agreements that, by express and specific agreement, are not to be performed within one year (Banker's Trust Co. v Steenburn,
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AM. CREDIT SERVS., INC. v. JAY ROBINSON CHRYSLER/PLYMOUTH, INC.
206 A.D.2d 918 (1994)
615 N.Y.S.2d 175
American Credit Services, Inc., Appellant, v. Jay Robinson Chrysler/Plymouth, Inc., Respondent
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
July 15, 1994
July 15, 1994
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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