SCE ASSOC., INC. v. COGLIANESE

2018-05613, Index No. 607993/17.

179 A.D.3d 730 (2020)

113 N.Y.S.3d 561

2020 NY Slip Op 00168

SCE Assoc., Inc., Appellant, v. Steven Coglianese et al., Respondents.

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

Decided January 8, 2020.


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

We agree with the Supreme Court's determination to grant that branch of the defendants' motion which was, in effect, pursuant to CPLR 3211(a)(5) to dismiss the plaintiff's first cause of action, alleging breach of contract, on the ground that the statute of frauds barred enforcement of the parties' oral agreement. The oral contract involving the payment of commissions was indefinite in nature...

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