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WEINRIB v. KRICH

17 Misc.2d 868 (1959)

Samuel Weinrib, Appellant, v. Jacob M. Krich, Respondent.

Supreme Court, Appellate Term, Second Department.

May 8, 1959.

Attorney(s) appearing for the Case

Guariglia & Mehlman (Sidney Ackerman of counsel), for appellant.

Powell & Jacobs (Louis P. Jacobs of counsel), for respondent.

Concur — PETTE, DI GIOVANNA and BENJAMIN, JJ.

Per Curiam.

The complaint in this action for brokerage commissions was dismissed at the close of the entire case upon the ground that the proof of the financial ability of the prospective purchaser to buy the property upon the terms specified by the respondent was insufficient.

A motion to dismiss a complaint made at the close of the entire case is substantially equivalent to a motion for a directed verdict...

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