Landscape Details, Inc. v. Bernard

Summary

The Appellate Division, Second Department affirmed the denial of the defendants’ CPLR 3211(a)(7) motion to dismiss an action seeking, among other relief, quantum meruit for unpaid landscaping materials, labor, and services. The court held that the alleged oral agreement was capable of performance within one year and therefore was not barred by the Statute of Frauds. It also held that, even assuming the transaction involved goods priced at $500 or more, the complaint adequately alleged receipt and acceptance under UCC 2-201(3)(c).

Holdings

1. The oral agreement was capable by its terms of being performed within one year, so General Obligations Law § 5-701(a)(1) did not bar the action.
2. Dismissal under UCC 2-201 was not warranted because, accepting the allegations as true, the complaint adequately alleged that the defendants received and accepted the goods and that the plaintiff's conduct was unequivocally referable to the agreement.
3. The complaint stated a cognizable claim, and the defendants' motion to dismiss was properly denied.

Questions Presented

1. Whether the alleged oral agreement was unenforceable under General Obligations Law § 5-701(a)(1) because it could not be performed within one year.
2. Whether dismissal was required under UCC 2-201 because the alleged agreement involved an oral sale of goods priced at $500 or more.
3. Whether the complaint adequately stated a cause of action under the CPLR 3211(a)(7) pleading standard.

Disposition

affirmed