WINGS ASSOCIATES, INC. v. WARNACO, INC.


269 A.D.2d 183 (2000)

703 N.Y.S.2d 711

WINGS ASSOCIATES, INC., Appellant, v. WARNACO, INC., Respondent.

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

Decided February 8, 2000.


In this action to recover a brokerage commission, it is undisputed that the parties' original agreement was validly terminated prior to the contact that led to the subject sale and that any other agreement between the parties for the payment of a brokerage commission with respect to that sale would be governed by the Statute of Frauds (General Obligations Law § 5-701 [a] [10]). Accordingly, plaintiff broker's claims based on an agreement allegedly entered into subsequent...

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