Order entered December 13, 1966, denying defendant's motion for summary judgment dismissing complaint, unanimously reversed, on the law, with $50 costs and disbursements to appellant; and motion to dismiss the complaint is granted, with leave to apply to Special Term for permission to replead, in order to set up a cause of action limited to the time wherein the plaintiff claims to have acted as an agent prior to discharge. There is no memorandum signed by the person to be charged, which in conjunction with additional documents would be sufficient to bring the cause of action within Crabtree v. Elizabeth Arden Sales Corp. ( 305 N.Y. 48). Specifically lacking is any memorandum at all relative to the duration of the alleged contract. Thus, the Statute of Frauds is a good defense. The plaintiff, however, is not precluded from attempting to bring an action based on quantum meruit, for the reasonable value of services alleged to have been rendered, prior to the time he was discharged by the defendant.
Concur — Botein, P.J., Eager, Steuer, Rabin and McGivern, JJ.