Opinion
May 23, 1961
Order, entered on January 6, 1961, denying defendant's motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to appellant, and the motion for summary judgment granted, with $10 costs. As we construe the alleged oral agreement, it was not performable within one year from the making thereof (Personal Property Law, § 31, subd. 1) and, therefore, is unenforcible (cf. Zupan v. Blumberg, 2 N.Y.2d 547; Martocci v. Greater New York Brewery, 301 N.Y. 57; Cohen v. Bartgis Bros. Co., 264 App. Div. 260, affd. 289 N.Y. 846).
Concur — Breitel, J.P., Rabin, Stevens, Eager and Bastow, JJ.