James V. Aquavella, M.D., P.C. v Viola, 17 NY3d 741 (2011)

2011 NY Slip Op 04722 [17 NY3d 741]
June 7, 2011
Court of Appeals

[*1]

James V. Aquavella, M.D., P.C., et al., Appellants,
v
Ralph S. Viola, M.D., Respondent.

Decided June 7, 2011

James V. Aquavella, M.D., P.C. v Viola, 79 AD3d 1590, affirmed.

{**17 NY3d at 741} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. [*2]

The Appellate Division correctly determined that the proffered writings failed to satisfy the statute of frauds (see General{**17 NY3d at 742} Obligations Law § 5-701 [a] [1]). The writings, taken together, fail to contain all of the essential terms of the alleged agreement. Specifically, the writings make no mention of the alleged incorporation of the written agreement’s noncompete clause into the subsequent oral agreement between the parties.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs in a memorandum.