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COLEMAN v. CMI TRANSP., INC.

222 A.D.2d 285 (1995)

635 N.Y.S.2d 212

J. Peter Coleman, Appellant, v. Cmi Transportation, Inc., et al., Respondents

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

December 14, 1995

The cause of action alleging an oral stock purchase agreement was properly dismissed as barred by the Statute of Frauds (UCC 8-319; see, Dillon v Peretti, 176 A.D.2d 497), there being no issues of fact warranting possible application of the doctrines of promissory estoppel and partial performance. Assuming that plaintiff was promised an equity interest in defendant corporation in exchange for his services on its behalf, he...

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