240 A.D.2d 335 659 N.Y.S.2d 762

Robert Singerman et al., Appellants, v Nicholas Reyes et al., Respondents.

[659 NYS2d 762]

Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about April 10, 1996, which granted defendants’ motions to dismiss the action pursuant to CPLR 3012 (b), and denied plaintiffs’ cross motion for an extension of their time to serve a complaint or to compel defendants’ acceptance of the complaint already served, unanimously affirmed, without costs.

*336We agree with the motion court that the alleged oral contract was not capable of performance within one year (General Obligations Law § 5-701 [a] [1]; see, D & N Boening v Kirsch Beverages, 63 NY2d 449,456), and that plaintiffs failed to adduce evidence of part performance as would remove the alleged contract from the Statute of Frauds (see, Anostario v Vicinanzo, 59 NY2d 662, 664). Plaintiffs’ cause of action for quantum meruit is also without merit given their failure to adequately document the services they allegedly performed for defendants or, assuming that performance of such services could be documented, establish the reasonable value of those services (see, Geraldi v Melamid, 212 AD2d 575, 576). As the complaint lacks merit, the action was properly dismissed (see, Kel Mgt. Corp. v Rogers & Wells, 64 NY2d 904). Concur—Sullivan, J. P., Ellerin, Tom, Mazzarelli and Andrias, JJ.

Singerman v. Reyes
240 A.D.2d 335 659 N.Y.S.2d 762

Case Details

Name
Singerman v. Reyes
Decision Date
Jun 26, 1997
Citations

240 A.D.2d 335

659 N.Y.S.2d 762

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!