SANDS v. GE-RAY FABRICS, INC.


203 A.D.2d 96 (1994)

612 N.Y.S.2d 837

Walter Sands et al., Appellants, v. Ge-Ray Fabrics, Inc., Respondent

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

April 12, 1994


The various writings submitted by plaintiffs and the conduct of the parties are as fully consistent with a contract terminable at will, as claimed by defendant, as with a contract not to be performed within one year, as claimed by plaintiffs, and thus insufficient to overcome the Statute of Frauds (General Obligations Law § 5-701 [a] [1]) either on the theory of combined writings (see, Intercontinental Planning v Daystrom...

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