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LEVINE v. AMERICAN INTERNATIONAL GROUP

16 A.D.3d 250 (2005)

792 N.Y.S.2d 35

SCOTT A. LEVINE, Appellant, v. AMERICAN INTERNATIONAL GROUP et al., Respondents.

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

March 22, 2005.

The oral agreement by which defendants allegedly considered plaintiff's rights as vested under their deferred compensation plan in the event of his early termination was not capable of performance within one year, and thus violated the statute of frauds (see Sheehy v Clifford Chance Rogers & Wells LLP, 3 N.Y.3d 554 [2004]).

A cause of action for fraud arising out of a contractual...

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