Legal Opinion
Small v. Marchese
Appellate Terms of the Supreme Court of New York
Decided September 18, 1978PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered May 5, 1978 (Cahn, J.), insofar as appealed from, reversed, with $10 costs.
The oral agreement for a business brokerage commission entered into by plaintiffs’ unlicensed representative in connection with the sale of defendant’s luncheonette is unenforceable under section 5-701 (subd a, par 10) of the General Obligations Law, "unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent”.
As licensed real estate brokers, plaintiffs contend that the exclusion of duly licensed real estate…
3Cases cited6 opinions
- Morris Cohon & Co. v. RussellNew York Court of Appeals · 1969
- Dodge v. RichmondAppellate Division of the Supreme Court of the State of New York · 1958
- FIVE BORO ELEC. CONTRACTORS ASSN. INC. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1971
- Five Boro Electrical Contractors Ass'n v. City of New YorkNew York Court of Appeals · 1973
- Reiter v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1963
1 more not listed; retrieve them via the Exa API.
4Cited by3 opinions
- Eaton Associates v. Highland Broadcasting Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Koontz v. Astronics Corp.New York Supreme Court · 1981
- Steve Elliot, LLC v. Foxboro ProductionsAppellate Terms of the Supreme Court of New York · 2010