In Pawlowski v. Woodruff (122 Misc 695 ([1st Dept 1924] affd 212 A.D. 871 [1925]), the First Department reviewed an agreement in which the defendant, a musician, engaged the plaintiff as an "exclusive manager" who was to receive as compensation 10% of the defendant's earnings. The Court held that the fact the plaintiff had not procured a license under GBL 171 did not prevent plaintiff's recovery for breach of contract, because the contract provided for management, and only incidentally for seeking employment. The Court further observed that, according to the agreement between the parties, the plaintiff's "compensation was based on defendant's earnings from employment whether procured by plaintiff or not" . Finally, the Court concluded that an "employment agency could not circumvent the statute by putting its contract to procure employment for an artist in the form of an agreement for management. But that is not the case at bar" (id.) .