Opinion
December 16, 1985
Appeal from the Supreme Court, Westchester County (Wood, J.).
Order reversed, on the law, with costs, defendant's motion granted, and complaint dismissed.
Plaintiff's claim of an alleged oral contract must fail on the ground that the services he performed for defendant fall squarely within General Obligations Law § 5-701 (a) (10). This section requires a written memorandum evidencing promises to compensate for services rendered in the negotiation of, or assistance in, the purchase or sale of a business or business interest (see, Freedman v Chemical Constr. Corp., 43 N.Y.2d 260). Furthermore, his causes of action based in quantum meruit and unjust enrichment are expressly abrogated by the statute (see, 1949 Report of N Y Law Rev Comm [NY Legis Doc, 1949, No. 65 (G), p 615]; see also, Minichiello v Royal Business Funds Corp., 18 N.Y.2d 521, cert. denied 389 U.S. 820). Mollen, P.J., Thompson, Niehoff and Eiber, JJ., concur.