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Whitehill v. Maimonides School

Byron F. Whitehill v. Maimonides School

Whitehill v. Maimonides Sch., 53 A.D.2d 568 (1976)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 22, 1976
Citations
53 A.D.2d 568384 N.Y.S.2d 8181976 N.Y. App. Div. LEXIS 13192

Opinion of the Court

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Order, Supreme Court, New York County, entered on October 8, 1975, denying defendant’s motion for summary judgment dismissing the complaint in this action for damages for breach of an oral contract of employment, unanimously reversed, on the law, and complaint dismissed, without costs and without disbursements. Based upon the allegations in the complaint, the items of plaintiffs bill of particulars and his pretrial testimony, it is beyond dispute in this record that the oral contract sued upon was made on July 6, 1973, with performance to commence on August 1, 1973 and be completed on July 31, 1974. As a matter of law, such an agreement is violative of the Statute of Frauds and, accordingly, is not enforcible. "The agreement * * * was void since 'By its terms it [was] not to be performed within one year from the making thereof. (General Obligations Law, § 5-701.)” (Hanan v Corning Glass Works, 35 AD2d 697, 698 .) Concur—Stevens, P. J., Markewich, Kupferman, Capozzoli and Nunez, JJ.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1981: 11985: 11993: 12001: 12006: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. Vuylsteke v. Broan17 P.3d 1072 (Or. Ct. App. 2001)
  2. Ginsberg v. Fairfield-Noble Corp.81 A.D.2d 318 (1981)
  3. Bykofsky v. Hess107 A.D.2d 779 (1985)
  4. Geller v. Reuben Gittelman Hebrew Day School34 A.D.3d 730 (2006)
  5. WE Transport, Inc. v. Suffolk Transportation Service, Inc.192 A.D.2d 601 (1993)

Most recent

  1. Geller v. Reuben Gittelman Hebrew Day School34 A.D.3d 730 (2006)
  2. Vuylsteke v. Broan17 P.3d 1072 (Or. Ct. App. 2001)
  3. WE Transport, Inc. v. Suffolk Transportation Service, Inc.192 A.D.2d 601 (1993)
  4. Bykofsky v. Hess107 A.D.2d 779 (1985)
  5. Ginsberg v. Fairfield-Noble Corp.81 A.D.2d 318 (1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hanan v. Corning Glass Works, 35 A.D.2d 697 (1970) 7

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