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COHON & CO. v. RUSSELL

29 A.D.2d 221 (1968)

Morris Cohon & Company, Respondent, v. Sidney A. Russell, Appellant

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

February 15, 1968.

Attorney(s) appearing for the Case

Gerald Harris of counsel (Martin A. Coleman with him on the brief; Rubin, Wachtel, Baum & Levin, attorneys), for appellant.

A. Bernard King for respondent.

BOTEIN, P. J., STEUER, CAPOZZOLI and McNALLY, JJ., concur.

EAGER, J.

This action is brought to recover in quantum meruit for the alleged services rendered by plaintiff as a broker or finder in procuring a purchaser for defendant's stockholdings in a certain close corporation. The plaintiff alleges it is a dealer in securities and does not claim to be a duly licensed real estate broker. The defendant has interposed the Statute of Frauds as

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