From Casetext: Smarter Legal Research

Signature Brokerage v. Group Health Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 2004
5 A.D.3d 196 (N.Y. App. Div. 2004)

Opinion

3103.

Decided March 11, 2004.

Order, Supreme Court, New York County (Helen Freedman, J.), entered December 26, 2002, which granted defendant health insurance company's motion for summary judgment dismissing plaintiff insurance broker's complaint, unanimously affirmed, without costs.

Michael F. Gallagher, for Plaintiff-Appellant.

John A. Dolan, for Defendant-Respondent.

Before: Buckley, P.J., Williams, Lerner, Marlow, JJ.


The motion court correctly held that the first alleged oral agreement, providing for defendant's hiring of plaintiff to act as its billing administrator with respect to the new subscriber, cannot be enforced due to the lack of material terms ( see Matter of Express Indus. Term. Corp. v. New York State Dept. of Transp., 93 N.Y.2d 584, 589-590), including the new subscriber's assent to the arrangement, and the terms and conditions of the alleged employment. The motion court also correctly held that the second alleged oral agreement, providing for defendant's payment of a broker's commission if and when Insurance Law § 4312 were amended to allow not-for-profit insurance companies to use brokers, would compensate a broker for negotiating a business opportunity, and is therefore barred by the statute of frauds (General Obligations Law § 5-701[a][10]). The September 1993 letter signed by defendant's vice-president does not indicate, inter alia, contract duration, rate of compensation or indeed any of defendant's promises given in exchange for plaintiff's services, and therefore fails to satisfy the statute of frauds ( see Intercontinental Planning v. Daystrom, Inc., 24 N.Y.2d 372, 378-379, citing, inter alia, Stulsaft v. Mercer Tube Mfg. Co., 288 N.Y. 255, 258). In view of the parties' prior relationship, plaintiff's introduction of defendant to the new subscriber could have been done with the expectation that defendant would engage plaintiff as broker for other, future opportunities arising after amendment of the law, and therefore was not part performance unequivocally referable to the alleged oral contracts ( see Baytree Assoc. v. Forster, 240 A.D.2d 305, 307, lv denied 90 N.Y.2d 810).

We have considered plaintiff's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Signature Brokerage v. Group Health Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 2004
5 A.D.3d 196 (N.Y. App. Div. 2004)
Case details for

Signature Brokerage v. Group Health Inc.

Case Details

Full title:SIGNATURE BROKERAGE INC., Plaintiff-Appellant, v. GROUP HEALTH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 11, 2004

Citations

5 A.D.3d 196 (N.Y. App. Div. 2004)
772 N.Y.S.2d 812

Citing Cases

Sustainable Pte Ltd. v. Peak Venture Partners LLC

The asset management provision of the SURF Agreement sets forth sufficient material terms to be enforceable…

SEA TRADE COMPANY LTD. v. FLEETBOSTON FINANCIAL CORP

The oral agreement, therefore, cannot be salvaged based upon BankBoston's alleged part performance. The cases…