· 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).
Sourced from CourtListener / Free Law Project (CC0).
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