Opinion
March, 1930.
Order and judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. Plaintiff made out a prima facie case that he was employed by defendant to procure a tenant for the premises in question and that, pursuant to such employment, he procured, in good faith, a tenant who was ready, able and willing to lease the premises on defendant's terms. The case, therefore, should have been submitted to the jury. Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur.