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MARTOCCI v. GREATER NEW YORK BREWERY, INC.

276 A.D. 775 (1949)

Michael M. Martocci, Respondent, v. Greater New York Brewery, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 14, 1949.

Any agreement inferable from the evidence was one not to be performed within one year. (Cohen v. Bartgis Bros. Co., 264 App. Div. 260, affd. 289 N.Y. 846.) The letters of defendant did not state what consideration plaintiff gave for the defendant's promise, and did not constitute a sufficient memorandum of the oral agreement. (Drake v. Seaman...

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