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DUROSS CO. v. EVANS

22 A.D.2d 573 (1965)

Duross Company, Appellant, v. Richard Evans, Ii, et al., Respondents

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

March 25, 1965.

Attorney(s) appearing for the Case

Michael A. Schwartz for appellant.

Edmund S. Purves of counsel (Gifford, Woody, Carter & Hays, attorneys), for respondents.

BOTEIN, P. J., RABIN and BASTOW, JJ., concur with McNALLY, J.; EAGER, J., dissents in opinion.

McNALLY, J.

Involved on this appeal is the sufficiency of the first cause of action. A test of the sufficiency of the pleading is whether it gives notice of the transactions relied on and the material elements of a cause of action. (Foley v. D'Agostino, 21 A.D.2d 60; CPLR 3013.)

The first cause of action fairly alleges plaintiff, a real estate broker, was employed by the defendants to locate a parcel...

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