JORDACHE LIMITED v. OVED


40 A.D.3d 400 (2007)

836 N.Y.S.2d 136

JORDACHE LIMITED, Appellant, v. ISAAC OVED et al., Respondents.

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

Decided May 17, 2007.


Plaintiff's appellate arguments are almost wholly unpreserved. Nevertheless, were we to review these claims, we would find, as did the motion court, that the oral joint venture agreement was barred by the statute of frauds (see General Obligations Law § 5-701 [a] [1]).

On appeal, plaintiff attempts to save its breach of contract claim from application of the statute of frauds by asserting for the first time two separate agreements. Plaintiff differentiates...

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