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KERMANSHAH ORIENTAL RUGS, INC. v. LATEFI

51 A.D.3d 562 (2008)

858 N.Y.S.2d 160

KERMANSHAH ORIENTAL RUGS, INC., Appellant, v. PARIVAS LATEFI et al., Respondents.

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

Decided May 27, 2008.

Initially, we find that the trial court erred when it dismissed plaintiff's claims on the ground that the agreements herein ran afoul of the statute of frauds (General Obligations Law § 5-701 [a]), which applies only to those agreements which, by their terms, "have absolutely no possibility in fact and law of full performance within one year" (D & N Boening v Kirsch Beverages, 63 N.Y.2d 449

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