General
Nat Freedman, Plaintiff, and Nathan Black et al., as Executors of Jacob H. Kaplan, Deceased, et al., Appellants, v. Montague Associates, Inc., et al., Respondents
9 A.D.2d 936·New York Supreme Court, Appellate Division·1959·NY
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Opinion
Nat Freedman, Plaintiff, and Nathan Black et al., as Executors of Jacob H. Kaplan, Deceased, et al., Appellants, v. Montague Associates, Inc., et al., Respondents.
[MAJORITY]
In an action to recover brokerage commissions, the appeal is from an order granting a motion for summary judgment dismissing the supplemental complaint, and from the judgment entered thereon. Order and judgment reversed, with one bill of $10 costs and disbursements, and motion denied. In our opinion, the record, presents questions of fact which should be resolved after trial. Nolan, P. J., Ughetta and Kleinfeld, JJ., concur; Hallinan, J., dissents and votes to affirm the order and judgment for the reasons stated by the learned Justice at the Special Term. Murphy, J., deceased. [18 Misc 2d 1.]