New York Court of Appeals December 15, 1977 (Freedman v. Chemical Construction Corp.)

OPINION OF THE COURT

Chief Judge Breitel.

In an action on an alleged oral agreement to pay plaintiff a 5% fee for his participation in the obtaining by defendant of a $41 million construction contract, defendant moves under CPLR 3212 for summary judgment based on the Statute of Frauds (General Obligations Law, § 5-701, subds 1, 10).