Opinion
February 7, 1994
Appeal from the Supreme Court, Nassau County (Saladino, J.).
Ordered that the order is reversed, on the law, with costs, the motion for partial summary judgment is denied, and the second, third, and fourth counterclaims are reinstated.
We conclude that the alleged oral agreement which involved the exchange of the defendant Robert Ganger's services for commissions equal to a percentage of the profits of the plaintiff corporation did not confer on Ganger an equity participation in the corporation. Therefore, the defendants' second, third, and fourth counterclaims are not barred by the Statute of Frauds set forth in UCC 8-319 (cf., Newman v. Crazy Eddie, 119 A.D.2d 738). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.