GHAFFARI v. RIMA INVESTORS CORP

The action, in which plaintiff alleges that defendants, her former employers in a jewelry business, breached an oral agreement to pay her a 20% commission on sales to customers that she referred to them, should be dismissed since the alleged agreement is subject to the Statute of Frauds (General Obligations Law § 5-701[a][10]). The doctrine of part performance does not avail plaintiff. Plaintiff's conduct, which included acceptance of commissions on completed transactions substantially less than 20%, is as referable to the series of individually negotiated ad hoc agreements asserted by defendants as with the fixed agreement asserted by plaintiff (see, Anostario v. Vicinanzo, 59 N.Y.2d 662). We have considered and rejected plaintiff's other contentions.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.