67 A.D.2d 656 | N.Y. App. Div. | 1979
Lead Opinion
— Judgment, Supreme Court, New York County, entered March 13, 1978, dismissing the complaint, unanimously reversed, on the law, vacated, and the complaint reinstated, with $75 costs and disbursements payable to appellant by respondents. Appeal from order, same court, entered March 8, 1978, granting defendants’ motion to dismiss (CPLR 3211, subd [a], par 7), dismissed as subsumed in the judgment, without costs and without disbursements. The complaint alleges an oral contract with one Neiman, not a party, granting to plaintiff-appellant the right to publish and distribute in limited editions certain works of art originated by Neiman as the artist; further, that defendants-respondents
Concurrence Opinion
concurs in a memorandum as follows: Even if we assume that Steinberg v Universal Machinenfabrik GMBH (18 NY2d 943, affg 24 AD2d 886), makes available to a defendant sued for inducing breach of contract the defense that the underlying contract was not enforceable because of the Statute of Frauds, I am not persuaded that the underlying contract is barred by the Statute of Frauds. The only section of the Statute of Frauds cited to us that seems to me probably applicable is section 1-206 of the Uniform Commercial Code which, however, does not make the contract