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AQUAVELLA v. VIOLA

No. 177 SSM 17

17 N.Y.3d 741 (2011)

952 N.E.2d 1059

929 N.Y.S.2d 66

2011 NY Slip Op 4722

JAMES v. AQUAVELLA, M.D., PC., et al., Appellants, v. RALPH S. VIOLA, M.D., Respondent.

Court of Appeals of New York.

Decided June 7, 2011.

Attorney(s) appearing for the Case

Calihan Law, PLLC, Rochester ( Robert B. Calihan of counsel), for appellants.

Chamberlain D'Amanda Oppenheimer & Greenfield, LLP, Rochester ( J. Michael Wood , Michael A. Sciortino and Michael T. Harren of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division correctly determined that the proffered writings failed to satisfy the statute of frauds (see General Obligations Law § 5-701 [a] [1]). The writings, taken together, fail to contain all of the essential terms of the alleged agreement. Specifically, the writings make no...

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