Statute of Frauds, NY General Obligations Law § 5-701(a)(1)

In Williams v. Rhythm of Life Corp., No. 652707/2020, 2021 WL 143487, 2021 N.Y. Slip Op. 30139(U) (N.Y. Sup Ct, New York County Jan. 14, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s breach-of-contract claim arising from his alleged wrongful termination. In sum, in this case plaintiff asserts “that the defendant wrongfully…

Read More Dance Teacher Stated Claim For Breach of Contract Following Termination For Allegedly False Accusations of Sexual Harassment
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From Garcia v. Habacus Constr., Inc., 2018 NY Slip Op 00397 (App. Div. 1st Dept. Jan. 23, 2018): The motion court correctly ruled that the alleged oral agreement between plaintiff and Habacus for a share of the company’s profits during the duration of plaintiff’s employment did not violate the statute of frauds. Plaintiff testified that the…

Read More Oral Agreement For Share of Company’s Profits Not Unenforceable Under Statute of Frauds, Court Holds
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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 § 5-701(a)(1). Noting its prior “inconsistent” decisions on…

Read More No Part-Performance Exception for Contracts Not Capable of Performance Within One Year of Their Making
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