FEIST v. MANDELL


230 A.D.2d 662 (1996)

646 N.Y.S.2d 514

Richard L. Feist, Appellant, v. Mitchell Mandell, Respondent, et al., Defendants

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

August 22, 1996


Dismissal of plaintiff's first, second and third causes of action, which are predicated upon the enforcement of an oral escrow agreement, was warranted since the alleged oral agreement by its express terms was not to be performed within one year from its making (see, General Obligations Law § 5-701 [a] [1]).

We reject plaintiff's arguments that the complaint alleged writings which, when taken together, are sufficient to satisfy the Statute of Frauds, and...

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