SMALL v. MARCHESE


98 Misc.2d 295 (1978)

Sidney P. Small et al., Doing Business as Small & Landesman, Respondents, v. Anthony T. Marchese et al., Appellants.

Supreme Court, Appellate Term, First Department.

September 18, 1978


Attorney(s) appearing for the Case

Alphonso V. Guardino for appellants. Martin J. Stamler, P. C., for respondents.

Concur: DUDLEY, P. J., RICCOBONO and ASCH, JJ.


Per Curiam.

Order entered May 5, 1978 (CAHN, J.), insofar as appealed from, reversed, with $10 costs.

The oral agreement for a business brokerage commission entered into by plaintiffs' unlicensed representative in connection with the sale of defendant's luncheonette is unenforceable under section 5-701 (subd a, par 10) of the General Obligations Law, "unless it or some note or memorandum thereof be in writing...

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