H.P.P. ICE RINK, INC. v. NEW YORK ISLANDERS


251 A.D.2d 249 (1998)

674 N.Y.S.2d 667

H.P.P. Ice Rink, Inc., Appellant, v. New York Islanders, Respondent

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

June 25, 1998


Review of the record reveals that there are triable questions of fact as to whether defendant's remittance to plaintiff of a check for $22,000 and its involvement in meetings regarding the construction of the subject ice rinks, as well as its assisting plaintiff to finance the rinks, constituted partial performance "`unequivocally referable'" to the oral partnership agreement alleged by plaintiff, and, as such, sufficient to take the alleged agreement out of the Statute of...

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