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MELWANI v. JAIN

281 A.D.2d 276 (2001)

722 N.Y.S.2d 145

PRAKASH MELWANI, Appellant-Respondent, v. PRAMOD K. JAIN et al., Respondents-Appellants.

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

Decided March 20, 2001.

The alleged oral agreement, under which defendants were to pay plaintiff a royalty during his lifetime, and then pay it to his heirs in perpetuity, was correctly held to be unenforceable under the Statute of Frauds as incapable of performance within one year or of complete performance before the end of plaintiff's lifetime (General Obligations Law § 5-701 [a] [1]; see, North Shore Bottling Co. v Schmidt & Sons,...

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