Opinion
January 22, 1991
Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.).
Plaintiff seeks damages for the purported breach of an oral partnership agreement which allegedly granted him a 50% share of the proceeds of an enterprise to market computer software programs. Defendants moved for summary judgment, and the court granted the motion with respect to all causes of action except the cause of action for breach of contract, as to which the court found issues of fact.
Defendants contend that enforcement of the purported agreement is barred by the Statute of Frauds. However, an oral partnership for an indefinite period is considered a partnership at will (Wahl v Barnum, 116 N.Y. 87, 97; Shandell v Katz, 95 A.D.2d 742, 743). Further, while defendants offered evidence to disprove the existence of the purported partnership, plaintiff set forth sufficient evidence, including evidence that a capital contribution and loans were made, and profits distributed, to raise issues of fact. Nor is the fact that the action was commenced in law rather than equity fatal, as the pleadings give adequate notice of the claim (Lane v Mercury Record Corp., 21 A.D.2d 602, affd 18 N.Y.2d 889).
Concur — Milonas, J.P., Ellerin, Ross, Kassal and Rubin, JJ.