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GALOPY CORP. INTL., N.V. v. DEUTSCHE BANK, A.G.

3886. 151766/15.

150 A.D.3d 416 (2017)

2017 NY Slip Op 03599

51 N.Y.S.3d 400

GALOPY CORPORATION INTERNATIONAL, N.V., Respondent-Appellant, v. DEUTSCHE BANK, A.G., Appellant-Respondent.

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

Decided May 4, 2017.

The breach of contract claim is barred by the statute of frauds. The alleged oral contract had a settlement date of July 10, 2011, and therefore could not be performed within a year (see General Obligations Law § 5-701[a][1]). The possibility of its being terminated earlier does not remove the contract from the scope of the statute of frauds (D & N Boening v Kirsch Beverages, 63 N.Y.2d 449...

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