Appeal from an order of the Supreme Court (O’Shea, J.), entered February 19, 2008 in Chemung County, which, among other things, denied defendants’ cross motion for summary judgment dismissing the complaint.
Plaintiff, a licensed real estate salesperson, began working for
Plaintiff subsequently commenced this action against Lane and defendant Living Better, Inc., one of his real estate companies, alleging nine causes of action arising out of various transactions he was involved with during his association with Lane. Defendants served an answer asserting, among other things, affirmative defenses of the statute of frauds and unclean hands. Plaintiff moved to strike defendants’ affirmative defense of unclean hands and defendants, in turn, cross-moved for summary judgment dismissing the complaint. Supreme Court granted plaintiffs motion, but denied defendants’ cross motion. This appeal by defendants ensued.
Defendants assert that, inasmuch as none of the transactions referenced in the complaint is evidenced by a written agreement between the parties, all of plaintiffs causes of action are barred by the statute of frauds. The statute of frauds generally requires that agreements be in writing in order to be enforceable (see General Obligations Law § 5-701 [a]). There are exceptions. One applies to “ contract[s] to pay compensation to ... a duly licensed real estate broker or real estate salesperson]” (General Obligations Law § 5-701 [a] [10]). Plaintiffs first four causes of action are based upon commissions allegedly due to him as the result of his work in procuring the sale and purchase of properties located in the Town of Milo, Yates County and the Town of Big Flats, Chemung County in his capacity as a licensed real estate salesperson. Lane acknowledged that plaintiff worked for him as a real estate salesperson and he agreed to pay him a l1/2% commission on the Town of Milo property even though plaintiff wanted a larger percentage. In addition, Lane did not dispute that plaintiff facilitated his purchase of the Town of Big Flats property. Accordingly, insofar as plaintiff worked as a real estate salesperson with regard to these transactions, Supreme Court properly found that his first four causes of action are not barred by the statute of frauds (see PKG Assoc, v Dubb, 306 AD2d 333, 333 [2003]; Werner v Katal Country Club, 234 AD2d 659, 661 n 2 [1996]).
Plaintiff’s ninth cause of action is based upon an alleged agreement he had with Lane that, if he remained as a licensed real estate salesperson and manager of Lane’s business for at least five years, he would be granted a 10% ownership interest in the business. We reject defendants’ assertion that this claim is barred because the agreement could not be completed within one year inasmuch as Lane acknowledged that there was no particular time frame governing it (see D & N Boening v Kirsch Beverages, 63 NY2d 449, 454-455 [1984]; Foster v Kovner, 44 AD3d 23, 26 [2007]). In any event, Lane did not deny the existence of an oral agreement under which plaintiff could acquire a percentage ownership in the business and indicated that this was discussed at the inception of the parties’ relationship. Under the circumstances presented here, Lane’s admission to the existence of the agreement forming the basis of plaintiff’s ninth cause of action removes it from the statute of frauds (see Matisoff v Dobi, 90 NY2d 127, 134 [1997]; Stone Capital Advisors, LLC v Fortrend Intl., LLC, 15 AD3d 300, 301 [2005]). Accordingly, Supreme Court properly declined to dismiss this cause of action as well.
Cardona, P.J., Mercure, Spain and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.