No Part-Performance Exception for Contracts Not Capable of Performance Within One Year of Their Making
The Appellate Division, First Department in Gural v. Fred Drasner recently addressed the following question: whether a part performance exception should be applied to contracts that are not capable of performance within one year of their making, which must be in writing pursuant to General Obligations Law ยง 5-701(a)(1). Noting its prior “inconsistent” decisions on…
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