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KRENDELL v. MOSCOW

23 Misc.2d 969 (1960)

George J. Krendell, Plaintiff, v. Alvin Moscow et al., Defendants.

Supreme Court, Special Term, New York County.

April 1, 1960.

Attorney(s) appearing for the Case

House, Grossman, Vorhaus & Hemley (Leonard Hemley and Joseph F. Gelband of counsel), for Alvin Moscow, defendant.

Murray Rosen for plaintiff.

WILLIAM C. HECHT, JR., J.

Defendant Moscow moves pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice for a dismissal of the second amended complaint. In dismissing the first amended complaint the court held (23 Misc.2d 968): "While plaintiff's compensation is stated in terms of profit sharing, there is nevertheless involved a simple contract resulting in a simple obligation to pay a sum of money...

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