Wings Associates, Inc. v. Warnaco, Inc.

—Order, Supreme Court, New York County (Barry Cozier, J.), entered May 27, 1999, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

In this action to recover a brokerage commission, it is undisputed that the parties’ original agreement was validly terminated prior to the contact that led to the subject sale and that any other agreement between the parties for the payment of a brokerage commission with respect to that sale would be governed by the Statute of Frauds (General Obligations Law § 5-701 [a] [10]).…