Schleger v. Treiber Group LLC
Opinion of the Court
—Order, Supreme Court, New York County (Ira Gammerman, J.), entered September 9, 2002, which, after a nonjury trial, found that defendant insurance company is liable to plaintiff insurance broker for breach of an oral contract to pay plaintiff a share of the renewal commissions generated by accounts produced by plaintiff before his employment with defendant terminated, unanimously affirmed, with costs.
The trial court erred in holding that the alleged oral contract is not subject to the statute of frauds (General Obligations Law § 5-701 [a] [1]; see Apostolos v R.D.T. Brokerage Corp., 159 AD2d 62, 64-65 [1990]). Nevertheless, we affirm, because defendant’s January 31, 1997 letter to plaintiff reasonably implies all the material terms of the alleged oral agreement (see Whitehorn Assoc. v One Ten Brokerage, 264 AD2d 516 [1999]). Defendant’s principal testified that just before plaintiff left defendant’s employ, the parties met and agreed that the accounts produced by plaintiff would remain with defendant, and that defendant would continue to pay plaintiff his share of the commissions generated by those accounts, as before, provided plaintiff did not interfere with the accounts. Defendant’s January 31, 1997 letter, which stated that “[w]e will maintain the current brokerage commission splits provid
Case-law data current through December 31, 2025. Source: CourtListener bulk data.