Bottner v. Petchers

This is a motion for summary judgment dismissing the plaintiff’s complaint upon the ground that the action is upon an oral agreement to pay compensation for services rendered in leasing real estate and is accordingly unenforcible pursuant to subdivisions 1 and 10 of section 31 of the Personal Property Law. The indorsement on the summons states: “Action for work, labor and services rendered at the specific instance and request of the defendant; reasonable value, $3,000; payment duly demanded but refused. ’ ’

Subdivision 10 was added by chapter 203 of the Laws of 1949, effective September 1,…