Yao v. Bult

Full title: RICHARD YAO, Appellant, v. JOHN BULT, Respondent

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

Date published: Dec 16, 1997

245 A.D.2d 136 (N.Y. App. Div. 1997)

666 N.Y.S.2d 159

Opinion

December 16, 1997

Appeal from the Supreme Court, New York County (Herman Cahn, J.).

The complaint was properly dismissed as alleging an extortionate contract ( see, Stone v. Freeman, 298 N.Y. 268; People v. Dioguardi, 8 N.Y.2d 260). We would add that the alleged contract is also unenforceable because incapable of complete performance before the end of a lifetime (General Obligations Law § 5-701 [a] [1]). The sanction was properly imposed upon a finding that the action was "undertaken primarily * * * to harass or maliciously injure another" ( 22 NYCRR 130-1.1 [c] [2]). We have considered plaintiff's other contentions and find them to be without merit.

Concur — Milonas, J. P., Ellerin, Nardelli and Colabella, JJ.