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MICKEY BIGG & SONS QUALITY AUTO BODY, INC. v. ALLSTATE INSURANCE COMPANY

303 A.D.2d 566 (2003)

756 N.Y.S.2d 473

MICKEY BIGG & SONS QUALITY AUTO BODY, INC., Respondent, v. ALLSTATE INSURANCE COMPANY et al., Appellants.

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

Decided March 17, 2003.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the oral promise of payment made by the defendant's agent to the plaintiff was not barred by the statute of frauds. The promise represented an independent duty of payment, irrespective of the liability of the principal debtor, and was based upon new consideration (see Martin Roofing v Goldstein, 60 N.Y.2d 262 [1983], cert denied

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