Opinion
March 9, 1998
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff and the defendants allegedly agreed that if the plaintiff continued in the defendants' employment until the defendant corporation was sold, the defendants would pay him 10% of the net proceeds of the sale. The Supreme Court properly determined that the alleged oral contract is not barred by the Statute of Frauds as set forth in UCC 1-206, 2-201, and 8-319 (see, e.g., Miller Assocs. v. Ganger, 201 A.D.2d 461).
Bracken, J. P., Santucci, Altman and McGinity, JJ., concur.