Seligman v. Exquisite Form Industries, Inc.

33 A.D.2d 550, 304 N.Y.S.2d 567, 1969 N.Y. App. Div. LEXIS 3011

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 23, 1969
• Status: Published

Opinion

Order entered February 28,1969, unanimously reversed, on the law, and the motion to dismiss is denied, with $50 costs and disbursements. The statutory requirement of a writing in the ease of contracts to pay compensation for the rendition of services as a finder in connection with the sale of a business opportunity (General Obligations Law, § 5-701, subd. 10) has been held not to apply to an attorney at law, as the statute so precisely declares; and this has been so concluded whether or not an attorney-client relationship existed between the parties. (Harris v. Sobel, 31 A D 2d 529, Rever v. Kayser-Roth Corp., 29 A D 2d 920.) Concur — Stevens, P. J., Capozzoli, McGivern, Nunez and Steuer, JJ.