Opinion
April 29, 1996
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion which was for summary judgment dismissing the complaint insofar as it is asserted against the defendants Reichenbaum Silberstein, P.C., and Silberstein, Awad Miklos, P.C., and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, with costs payable by the above-named defendants.
The plaintiff alleges the existence of an oral contract with the defendant professional corporation Reichenbaum Silberstein, P.C., which is the predecessor to the defendant Silberstein, Awad Miklos, P.C. (hereinafter the Corporation), whereby he was to be paid a percentage of the fees received on cases brought to successful conclusion by the Corporation. As these limited number of cases could conceivably be concluded within a year of the making of the agreement, the requirements of General Obligations Law § 5-701 (a) (1) are inapplicable and the fact that the alleged agreement was orally made is not a bar to its enforcement ( see, D N Boening v. Kirsch Beverages, 63 N.Y.2d 449; Gold v Katz, 193 A.D.2d 566; Apostolos v. R.D.T. Brokerage Corp., 159 A.D.2d 62).
The individual defendants are not liable for a breach of agreement made with the Corporation and therefore were properly dismissed from the action ( see, Business Corporation Law § 1505 [a]; We're Assocs. Co. v. Cohen, Stracher Bloom, 65 N.Y.2d 148).
The plaintiff's remaining contentions are without merit. Mangano, P.J., Balletta, Copertino and Hart, JJ., concur.