HOROWITZ v. SANTAMARIA


287 A.D.2d 373 (2001)

731 N.Y.S.2d 449

HELEN HOROWITZ, as Executrix of JACK HOROWITZ, Also Known as JACK HOOKE, Deceased, Appellant, v. RAMON SANTAMARIA, Also Known as MONGO SANTAMARIA, Doing Business as MONGO MUSIC, et al., Respondents.

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

Decided October 23, 2001.


Plaintiff estate alleges an oral agreement with defendants pursuant to which it is entitled to continue in the decedent's stead to collect commissions on royalties received by defendant Ramon "Mongo" Santamaria. It is, however, clear that because defendants' potential liability under the agreement as alleged would endure beyond the end of a lifetime, the agreement falls within the Statute of Frauds (see, General Obligations Law § 5-701 [a] [1]). Although plaintiff...

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