Opinion
2002-02889
Argued February 18, 2003.
March 17, 2003.
In an action, inter alia, to recover damages for services rendered, the defendants appeal, by permission, from an order of the Appellate Term, 9th and 10th Judicial Districts, entered December 26, 2001, affirming a judgment of the City Court, City of Newburgh, entered September 12, 2000, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $12,685.22.
Grogan Souto, P.C., Goshen, N.Y. (Edward P. Souto of counsel), for appellants.
Larkin, Axelrod, Trachte Tetenbaum, LLP, Newburgh, N.Y. (John Ingrassia of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the defendants' contention, the oral promise of payment made by the defendant's agent to the plaintiff was not barred by the statute of frauds. The promise represented an independent duty of payment, irrespective of the liability of the principal debtor, and was based upon new consideration (see Martin Roofing v. Goldstein, 60 N.Y.2d 262, cert denied 466 U.S. 905; Kramer v. Harrington Wells Rhodes, 275 A.D.2d 302; Karl Ehmer Forest Hills Corp. v. Gonzalez, 159 A.D.2d 613).
The defendants' remaining contentions either are unpreserved for appellate review or without merit.
RITTER, J.P., S. MILLER, H. MILLER and COZIER, JJ., concur.