DE ANGELIS v. AMERICAN CAPITAL ACCESS


280 A.D.2d 409 (2001)

721 N.Y.S.2d 46

MICHAEL A. DE ANGELIS, Appellant, v. AMERICAN CAPITAL ACCESS, Respondent.

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

Decided February 22, 2001.


In dismissing plaintiff employee's contract claim on the grounds that the parties' alleged oral employment agreement was void under the Statute of Frauds, the motion court overlooked a clause in the defendant's form employment agreement, a blank, unsigned copy of which, the record shows, was relied upon by the parties as a memorialization of the boilerplate portions of their agreement. The clause, which provides that defendant could terminate the agreement without cause on...

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