Mullen & Woods, Inc. v. 615 West 57th Street, Inc.

Although we are in accord with the conclusion of the trial court that the defendant’s alleged promise to pay additional commissions was within the Statute of Frauds, and, therefore, unenforcible, we do not agree that there was an implied contract to pay such additional commissions in the event that the tenant exercised its option to renew the lease.

In the absence of special agreement, the plaintiff would not be entitled to commissions on subsequent extensions of which it was not the procuring cause. Nor could the plaintiff recover on the theory that by securing the inclusion of the renewal…