North American Co. for Life & Health Insurance v. Pennington

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiffs motion for summary judgment for commissions paid in excess of those provided by the written agreement between the parties and to dismiss defendant’s third counterclaim should have been granted. The written agreement specifically stated that it could be modified only by a writing signed by a company officer, and defendant failed to set forth any facts establishing an exception to the requirement of General Obligations Law § 15-301 (1) that an agreement…