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LINCOLNSHIRE MANAGEMENT, INC. v. LES GANTIERS HOLDINGS B.V.

303 A.D.2d 180 (2003)

755 N.Y.S.2d 391

LINCOLNSHIRE MANAGEMENT, INC., Appellant, v. LES GANTIERS HOLDINGS B.V. et al., Respondents.

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

Decided March 6, 2003.

The motion court correctly dismissed plaintiff's contract cause of action as barred by the statute of frauds (General Obligations Law § 5-701 [a] [1]). Plaintiff's acts after expiration of the written contract's "tail period" are not unequivocally referable to the alleged oral extension of that contract (see Messner Vetere Berger McNamee Schmetterer Euro RSCG v Aegis Group, 93 N.Y.2d 229, 235-236 [1999]), and indeed are readily...

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