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Foscarinis v. Seldman

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1993
192 A.D.2d 388 (N.Y. App. Div. 1993)

Opinion

April 15, 1993

Appeal from the Supreme Court, New York County (Robert E. White, J.).


Summary judgment dismissing plaintiff's claim for age discrimination was properly granted, plaintiff having failed to allege any fact demonstrating that age was the determining factor in the termination of the parties' business relationship, and conceding that she was unwilling to change her work schedule to meet defendants' legitimate business needs (Ioele v Alden Press, 145 A.D.2d 29; Jowers v State of N.Y. Executive Dept., 42 A.D.2d 523, affd 34 N.Y.2d 601).

The alleged oral agreement underlying this breach of contract action which, by its terms, was to remain in effect for as long as plaintiff was able to practice medicine, is barred by the Statute of Frauds (General Obligations Law § 5-701 [a] [1]). We have reviewed plaintiff's remaining claims and find them to be without merit.

Concur — Murphy, P.J., Carro, Ellerin, Kupferman and Asch, JJ.


Summaries of

Foscarinis v. Seldman

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1993
192 A.D.2d 388 (N.Y. App. Div. 1993)
Case details for

Foscarinis v. Seldman

Case Details

Full title:ROSA FOSCARINIS, Appellant, v. ERNESTO SELDMAN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 15, 1993

Citations

192 A.D.2d 388 (N.Y. App. Div. 1993)
596 N.Y.S.2d 369

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