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CITY OF YONKERS v. OTIS ELEVATOR CO.

No. 83 Civ. 5944 (JES).

607 F.Supp. 1416 (1985)

CITY OF YONKERS and Yonkers Community Development Agency, Plaintiffs, v. OTIS ELEVATOR COMPANY and United Technologies Corporation, Defendants.

United States District Court, S.D. New York.

May 6, 1985.

Attorney(s) appearing for the Case

Vito J. Cassan, Attorney for Plaintiffs New York City, for plaintiffs; John D. Calamari, Joseph M. Perillo, Peter M. Levine, New York City, of counsel.

Wachtell, Lipton, Rosen & Katz, New York City, for defendants; Robert B. Mazur, Barry A. Weprin, New York City, of counsel.

OPINION & ORDER

SPRIZZO, District Judge:

Defendants move for summary judgment against plaintiffs, raising an assortment of defenses including among others the New York Statute of Frauds, N.Y. Gen.Obl.Law § 5-701(a)(1). The contract alleged in the complaint, requires defendant Otis Elevator Company to stay in Yonkers for a reasonable period, but not less than sixty years. See Complaint, ¶ 24 ("The period of time for performance by Otis...

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