Opinion
October 29, 1951.
Present — Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ.
In an action to recover brokerage commissions, plaintiff appeals from a judgment dismissing the complaint on the merits at the close of his case. Judgment unanimously affirmed, with costs. In our opinion, plaintiff failed to prove any definite agreement as to the terms essential to the contract claimed, and accordingly failed to establish that the minds of the parties met, and that he was entitled to commissions. (Cf. Stern v. Bristol Corp., 273 App. Div. 371, affd. 298 N.Y. 766; Arnold v. Schmeidler, 144 App. Div. 420, 427.)