Opinion
November, 1935.
Appeal from Supreme Court, New York County.
Present — Martin, P.J., O'Malley, Townley, Glennon and Untermyer, JJ.
Action for commissions which plaintiff claims are due him for services rendered to defendant in connection with the attempted acquisition by defendant of the capital stock of the Independent Lock Company.
There was presented a question of fact as to whether plaintiff had not fully performed so as to entitle him to compensation under his contract with the defendant.
It follows, therefore, that the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.
Judgment dismissing the complaint at the close of plaintiff's case unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.