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STRAUSS v. FLEET MORTGAGE CORP.

282 A.D.2d 736 (2001)

724 N.Y.S.2d 356

LAWRENCE D. STRAUSS, Appellant, v. FLEET MORTGAGE CORP., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 30, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the cause of action to recover damages for breach of contract. An agreement to pay an at-will employee commissions earned during the period of his or her employment is capable of performance within one year and does not violate the Statute of Frauds (see, Cron v Hargro Fabrics, 91 N.Y.2d 362, 370; Caruso v Malang...

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