Part performance is not an exception to the statute of frauds for oral contracts that cannot be performed within a year, a unanimous Appellate Division, First Department panel has ruled, rejecting a line of earlier First Department cases on the issue.
Justice David Saxe (See Profile) wrote in an opinion handed down Tuesday in Gural v. Drasner, 103283/08, that the earlier First Department cases had gone against longstanding Court of Appeals case law and the language of the relevant statutes. He was joined by Justices Rolando Acosta (See Profile), Karla Moskowitz (See Profile), Helen Freedman (See Profile) and Sallie Manzanet-Daniels (See Profile).
