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AAA VIZA, INC. v. BUSINESS PAYMENT SYSTEMS, LLC

38 A.D.3d 802 (2007)

833 N.Y.S.2d 552

AAA VIZA, INC., Respondent, v. BUSINESS PAYMENT SYSTEMS, LLC, Appellant.

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

Decided March 27, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that, although an alleged oral agreement regarding the payment of certain commissions to the plaintiff was not, by its terms, capable of being performed within one year (see General Obligations Law § 5-701 [a] [1]; Zupan v Blumberg, 2 N.Y.2d 547, 550 [1957]), a November 22, 2004 letter from the defendant's...

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