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· 3/20/1978

People v. Joseph S.

Citations

  • 61 A.D.2d 1036
  • 403 N.Y.S.2d 706
  • 1978 N.Y. App. Div. LEXIS 10697

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • dismissing fraud claim where breach of contract claim is barred by Statute of Frauds
  • \full performance by both parties can take this type of contract out of the Statute of Frauds\
  • “As the only fraud alleged relates to the breach of contract, the mere addition of allegations of scienter does not give rise to a cause of action seeking damages for fraud.”
  • “Such an agreement is not capable of performance within a year, performance being dependent not upon the will of the parties to the oral contract but upon that of third parties, and is thus unenforceable under the Statute of Fraud[s].”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.