Opinion
March 8, 1971
In an action to recover for services rendered in procuring a buyer for shares of capital stock of a corporation, plaintiff appeals from an order of the Supreme Court, Kings County, dated October 9, 1970, which granted defendants' motion for summary judgment. Order reversed, with $10 costs and disbursements, and motion denied. The question of the existence of the oral contract sued upon being a real issue of fact, it was error for Special Term to make a determination thereon upon defendants' motion for summary judgment. Hopkins, Acting P.J., Munder, Martuscello, Latham and Brennan, JJ., concur.