Opinion
December 27, 1949.
Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ.
Appeal by defendant Shorenstein from a judgment in plaintiff's favor in an action to recover broker's commissions, and from an order denying his motion to set aside the verdict. Judgment and order unanimously affirmed, with costs. The record presented questions of fact as to whether plaintiff was employed by appellant upon the terms alleged, and whether he was the procuring cause of the leasing of the property. (Cf. Sussdorff v. Schmidt, 55 N.Y. 319.)