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YAO v. BULT

245 A.D.2d 136 (1997)

666 N.Y.S.2d 159

Richard Yao, Appellant, v. John Bult, Respondent

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

December 16, 1997

The complaint was properly dismissed as alleging an extortionate contract (see, Stone v Freeman, 298 N.Y. 268; People v Dioguardi, 8 N.Y.2d 260). We would add that the alleged contract is also unenforceable because incapable of complete performance before the end of a lifetime (General Obligations Law § 5-701 [a] [1]). The sanction was properly imposed upon a finding that the action was "undertaken primarily *...

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