Opinion
August 3, 1998
Appeal from the Supreme Court, Nassau County (O'Connell, J.).
Ordered that the appeal from the order dated September 22, 1997, is dismissed, as that order was superseded by the order dated February 23, 1998, made upon reargument; and it is further,
Ordered that the order dated February 23, 1998, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.
We agree with the Supreme Court that the plaintiffs action is barred by the Statute of Frauds ( see, General Obligations Law § 5-701 [a] [1]; Cunnison v. Richardson Greenshields Sec., 107 A.D.2d 50; Health Delivery Sys. v. Scheinman, 42 A.D.2d 566; Krear Co. v. Nineteen Named Trustees, 545 F. Supp. 372; cf., Crabtree v. Elizabeth Arden Sales Corp., 305 N.Y. 48).
O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.