BIRNBAUM v. GOLDENBERG CONSULTING GROUP, INC.

Index No. 27908/17. Appeal Nos. 14996-14996A. Case Nos. 2021-02416, 2021-02418.

201 A.D.3d 432 (2022)

161 N.Y.S.3d 57

2022 NY Slip Op 00042

Murray Birnbaum, as Assignee, Appellant, v. Goldenberg Consulting Group, Inc., Respondent.

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

Decided January 6, 2022.


Attorney(s) appearing for the Case

William A. Thomas , New York, for appellant.

Adelman Matz P.C., New York ( David Marcus of counsel), for respondent.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.


The alleged oral agreement upon which plaintiff sues is within the statute of frauds, since plaintiff contends that when he refers a job candidate to defendant, he is entitled to 50% of the fee defendants receive for placing the candidate, even when the candidate is placed more than a year after plaintiff's referral (General Obligations Law § 5-701[a][1]; see Zupan v Blumberg, 2 N.Y.2d 547, 550, 552 [1957]; Cohen v Bartgis...

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