From Casetext: Smarter Legal Research

McCooey v. Forstmann Leff Associates, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1993
190 A.D.2d 624 (N.Y. App. Div. 1993)

Opinion

February 25, 1993

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


The alleged oral agreement sued upon by plaintiff is one for a finder's fee and therefore unenforceable because General Obligations Law § 5-701 (a) (10) bars an oral agreement "to pay compensation for services rendered in negotiating * * * a business opportunity" (Freedman v Chemical Constr. Corp., 43 N.Y.2d 260, 267, citing Minichiello v Royal Business Funds Corp., 18 N.Y.2d 521, 527).

Moreover, the alleged oral agreement was, by its terms, incapable of performance within one year, and thus, under General Obligations Law § 5-701 (a) (1) voidable absent a writing signed by the party to be charged (D N Boening v Kirsch Beverages, 63 N.Y.2d 449). Where, as here, the alleged oral agreement may only be terminated within one year upon a breach thereof or non-performance, the New York Court of Appeals has held such an agreement is not terminable at will, but rather that such action would constitute a destruction of the contract, and that the agreement is not exempt from the Statute of Frauds (supra, at 456; McCollester v Chisholm, 104 A.D.2d 361, affd 65 N.Y.2d 891).

We have reviewed the plaintiff's remaining claims and find them to be without merit.

Concur — Murphy, P.J., Carro, Rosenberger and Asch, JJ.


Summaries of

McCooey v. Forstmann Leff Associates, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1993
190 A.D.2d 624 (N.Y. App. Div. 1993)
Case details for

McCooey v. Forstmann Leff Associates, Inc.

Case Details

Full title:JOHN H. McCOOEY, Appellant, v. FORSTMANN LEFF ASSOCIATES, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1993

Citations

190 A.D.2d 624 (N.Y. App. Div. 1993)
594 N.Y.S.2d 13

Citing Cases

Lehrer McGovern Bovis v. New York Yankees

This was error. It is well settled that an oral agreement is voidable if it contains an obligation incapable…

Finch, Pruyn Co. v. Niagara Paper, Inc.

Whether the distributorship agreement is characterized as being "for an unlimited duration to be terminated…