Summary
referring to "a series of letters, executed proposals, and addenda"
Summary of this case from Sequoia Healthcare Servs., LLC v. Essex Capital Corp.Opinion
March 30, 1995
Appeal from the Supreme Court, New York County (Walter Schackman, J.).
The IAS Court's reliance upon the doctrine of part performance to preclude at this stage of the litigation a Statute of Frauds dismissal of plaintiff's complaint is supported by a series of letters, executed proposals, and addenda that raise an issue of fact with respect to whether or not the time for performance of the written agreement between the parties was extended so as to preserve Oxford's right to "finder's fee" compensation against the Statute of Frauds defense (see, Kalfin v. United States Olympic Comm., 209 A.D.2d 279, 280-281).
Concur — Rosenberger, J.P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.