Order, entered on April 17, 1963, denying summary judgment unanimously reversed, on the law and the facts, with $20 costs and disbursements to the appellant, and the motion for summary judgment granted, with $10 costs.
Plaintiff sues on an oral hiring for the calendar year 1961 at a stated salary plus a commission of 2% of any increase in sales of defendant's fashion department over the sales made in 1960. The alleged contract
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