Narrative Opinion Summary
In a legal action for breach of contract, the defendants appealed a portion of a Supreme Court order from Suffolk County that denied their motions to dismiss the plaintiff's first cause of action. The court affirmed the order with costs. The plaintiff claimed that there was an agreement with the defendants stipulating that if he remained employed until the corporation was sold, he would receive 10% of the net sale proceeds. The Supreme Court ruled that this alleged oral contract was not barred by the Statute of Frauds as outlined in UCC 1-206, 2-201, and 8-319. Justices Bracken, Santucci, Altman, and McGinity concurred with the decision.
Legal Issues Addressed
Breach of Contractsubscribe to see similar legal issues
Application: The defendants appealed a denial of their motion to dismiss the plaintiff's breach of contract claim, arguing the existence of an oral agreement for a percentage of sale proceeds.
Reasoning: In a legal action for breach of contract, the defendants appealed a portion of a Supreme Court order from Suffolk County that denied their motions to dismiss the plaintiff's first cause of action.
Statute of Frauds under UCCsubscribe to see similar legal issues
Application: The court held that the alleged oral contract was not barred by the Statute of Frauds, allowing the breach of contract claim to proceed.
Reasoning: The Supreme Court ruled that this alleged oral contract was not barred by the Statute of Frauds as outlined in UCC 1-206, 2-201, and 8-319.