Order unanimously affirmed, without costs.
Memorandum:
Special Term properly denied plaintiff's motion for partial summary judgment. There are triable issues concerning the accounts on which plaintiff was entitled to compensation, the rate of commission, the date on which he was terminated, and the terms of an alleged oral modification under which he was employed from 1978-1981.
Defendant was not obligated to plead the oral modification as an affirmative...
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