JENNINGS v. BURLINGTON IND.


17 A.D.2d 188 (1962)

Milton S. Jennings et al., Doing Business as W. T. Grimm & Company, Respondents, v. Burlington Industries, Inc., et al., Appellants

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

November 8, 1962.


Attorney(s) appearing for the Case

Benjamin Spiegel of counsel (Harry H. Wachtel and Arthur L. Diamond with him on the brief; Wachtel & Michaelson, attorneys), for Rapid-American Corporation, appellant.

Seymour Greene for McCrory Corporation and another, appellants.

Robert S. Newman of counsel (Lowenstein, Pitcher, Hotchkiss, Amann & Parr, attorneys), for Burlington Industries, Inc., appellant.

Abraham L. Pomerantz of counsel (Morton L. Price with him on the brief; Pomerantz Levy & Haudek, attorneys), for respondents.

RABIN, J. P., VALENTE, McNALLY and STEUER, JJ., concur.


STEVENS, J.

The defendants appeal from orders entered May 9, 1962, which denied their motions to dismiss the amended complaint for insufficiency.

In this action to recover finders' fees, the first and third causes are directed against the purchasers, the first being in contract and the third cause in quantum meruit. The second and fourth causes are against the sellers and McCrory Corporation (herein...

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