Gurney, Becker & Bourne, Inc. v. Simon

Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: The complaint alleges that plaintiff, a licensed real estate brokerage, entered into an oral agreement with defendant whereby defendant was to pay plaintiff brokerage commissions over a 10-year period as a percentage of rent on premises owned by defendant for which plaintiff had obtained a lessee. Defendant’s motion to dismiss (CPLR 3211, subd [a], par 5) was properly granted by the City Court of Lackawanna on the ground that the oral agreement was unenforceable under the Statute of Frauds (General…