Ordered that the order is affirmed, with one bill of costs.
The Supreme Court properly granted those branches of the defendants' separate cross motions which were to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (5). Enforcement of the alleged oral agreement between the parties is barred by the statute of frauds because that alleged oral agreement was not capable of being performed within one year (see General Obligations...
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