Opinion
July 6, 1961
Order entered on February 9, 1961, denying appellants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with $20 costs and disbursements to appellants, and the motion granted, with $10 costs. The papers demonstrate no genuine or bona fide claim on the part of plaintiff. Opposed to the documentary proof, plaintiff presents merely an ingenious, and palpably unsupported, device to transform a transaction in which he acted as a principal — and from which he had to recede — into a claim for brokerage commissions. Plaintiff does not produce any prima facie support for ignoring the contract of sale which he signed as a principal, and which expressly disclaimed the intervention of any broker in procuring the sale.
Concur — Rabin, J.P., Valente, McNally, Eager and Steuer, JJ.