Herbert Cron, Appellant v. Hargro Fabrics, Inc., Respondent

Summary

The New York Court of Appeals reversed the Appellate Division and denied the defendant's motion to dismiss, holding that an oral agreement to pay a bonus based on a percentage of annual pretax profits does not fall within the one‑year Statute of Frauds because full performance by both parties is possible within a year. The court affirmed that the plaintiff's allegations, if true, raise a genuine issue of fact and therefore survive a CPLR 3211 dismissal motion.