31 A.D.2d 529 | N.Y. App. Div. | 1968
Order, entered June 25, 1968, unanimously modified, on the law, to grant defendants’ motion to the extent of dismissing the fifth cause of action and order otherwise affirmed, without costs and without disbursements. In affirming the determination below, insofar as it sustains the first four causes of action, we hold that the Statute of Frauds is not a valid defense to such causes. It is provided that the statutory requirement for a writing in the case of contracts for rendition of services as a broker or finder “ shall not apply to a contract to pay compensation to an auctioneer, an attorney at law, or a duly licensed real estate broker or real estate salesman.” (General Obligations Law, § 5-701, subd. 10.) With due consideration of the terms of the statute and upon a review of legislative data,