Opinion
November 14, 1949.
In an action to recover commissions, in which the defendant pleaded as a defense the Statute of Frauds (Personal Property Law, § 31, subd. 1), judgment for plaintiff, on a directed verdict, reversed on the law, with costs, and complaint dismissed on the law, with costs. Any agreement inferable from the evidence was one not to be performed within one year. ( Cohen v. Bartgis Bros. Co., 264 App. Div. 260, affd. 289 N.Y. 846.) The letters of defendant did not state what consideration plaintiff gave for the defendant's promise, and did not constitute a sufficient memorandum of the oral agreement. ( Drake v. Seaman, 97 N.Y. 230. ) Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.