Opinion
January 11, 2000
Order, Supreme Court, New York County (Barry Cozier, J.), entered on or about October 6, 1998, which, in an action to recover finder's fees, granted defendant's motion for summary judgment dismissing plaintiff's complaint, unanimously affirmed, without costs.
Leonard J. Levenson for Plaintiff-Appellant.
Henry Morris for Defendant-Respondent.
SULLIVAN, J.P., MAZZARELLI, WALLACH, RUBIN, ANDRIAS, JJ.
The oral agreement alleged to entitle plaintiff to commissions for referring business to defendant printing company was properly deemed void by the motion court since it falls within the Statute of Frauds (General Obligations Law § 5-701[a][10]) and plaintiff has adduced no sufficient writing (see, Baytree Assocs., Inc. v. Forster, 240 A.D.2d 304, 305, lv denied 90 N.Y.2d 810).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.