SWEZEY v. MICHAEL C. FINA CO., INC.

3691, 158793/14.

149 A.D.3d 497 (2017)

2017 NY Slip Op 02883

52 N.Y.S.3d 325

WILLIAM SWEZEY, Appellant, v. MICHAEL C. FINA CO., INC., et al., Respondents.

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

Decided April 13, 2017.


Plaintiff, a former at-will sales representative for defendants, commenced this action for breach of an oral contract and related claims based on an alleged promise, by defendants, to pay plaintiff commissions past his termination. The motion court properly dismissed the breach of contract and related claims because the purported oral agreement is unenforceable under the statute of frauds (see e.g. Guterman v RGA Accessories...

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