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GEORGE BURKE COMPANY v. INTERMETRO INDUSTRIES CORPORATION

268 A.D.2d 310 (2000)

702 N.Y.S.2d 37

GEORGE BURKE COMPANY, Appellant, v. INTERMETRO INDUSTRIES CORPORATION, Respondent.

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

Decided January 18, 2000.

The action was properly dismissed because the oral agreement alleged by plaintiff, under which he was to become and indefinitely remain defendant's exclusive distributor for a certain product, could not be performed within a year, and is therefore void under the Statute of Frauds (General Obligations Law § 5-701 [a] [1]; see, Kalfin v United States Olympic Comm., 209 A.D.2d 279, 280; Zimmer-Masiello, Inc. v Zimmer, Inc.,...

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