KORN v. BROWN


279 A.D. 786 (1952)

Arthur I. Korn, Appellant, v. Frederick Brown, Defendant, and John J. Reynolds, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 29, 1952.


On this motion to dismiss the complaint for insufficiency on the face thereof, all the factual allegations of the complaint must be deemed to be true. We think plaintiff sets forth sufficient facts to allege that plaintiff procured the purchaser, and that the seller would have paid plaintiff the commissions in question but for factually alleged wrongful interference by defendant. The cases relied on by respondent are distinguishable on their facts.

Order unanimously...

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