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GOLD v. BENEFIT PLAN ADM'RS, INC.

233 A.D.2d 421 (1996)

649 N.Y.S.2d 482

Marnie Gold, Respondent, v. Benefit Plan Administrators, Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

The court properly concluded that the oral agreement between the plaintiff and the defendant Benefit Plan Administrators, Inc. (hereinafter Benefit Plan), regarding the plaintiff's entitlement to commissions for sales she finalized prior to her termination was not barred by the Statute of Frauds and was separable from the unenforceable agreement to pay her commissions for renewals (see

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