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MIZEL v. FEINBERG

227 A.D.2d 145 (1996)

642 N.Y.S.2d 507

Steven M. Mizel et al., Appellants, v. Stephen Feinberg et al., Respondents, and Cerberus Partners, L.P., Respondent

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

May 7, 1996

The alleged oral contract violates the Statute of Frauds of both General Obligations Law § 5-701 (a) (1) and UCC 8-319. None of the written statements or bills satisfy the writing requirement of the statutes inasmuch as they do not establish a contractual relationship between the relevant parties (see, Intercontinental Planning v Daystrom, Inc., 24 N.Y.2d 372, 379).

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