WIESENBERGER v. MAYERS


281 A.D. 171 (1952)

Arthur Wiesenberger, Appellant, v. Lawrence S. Mayers et al., Respondents

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

December 16, 1952.


Attorney(s) appearing for the Case

John W. Davis of counsel (William R. Meagher and Joseph Lotterman with him on the brief; Lotterman & Tepper, attorneys), for appellant.

Simon H. Rifkind of counsel (Maurice Finkelstein, Joseph S. Iseman, Edward N. Costikyan with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Lawrence S. Mayers and another, respondents.

Maurice Finkelstein, attorney for Chauncey M. Mayers and another, respondents.

PECK, P. J., and BREITEL, J., concur with VAN VOORHIS, J.; CALLAHAN, J., dissents and votes to reverse, in opinion.


VAN VOORHIS, J.

Plaintiff appeals from a summary judgment dismissing the complaint in an action for brokerage commissions claimed to be payable for procuring a purchaser of corporate stock. Plaintiff's terms of employment were expressed in the form of a letter addressed to defendants Lawrence and Chauncey Mayers, which they approved in writing, and which reads as follows:

"This will serve as the memorandum...

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