COHON & CO. v. RUSSELL


23 N.Y.2d 569 (1969)

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

Court of Appeals of the State of New York.

Decided January 23, 1969.


Attorney(s) appearing for the Case

A. Bernard King and Jacob W. Friedman for appellant.

Gerald Harris and Martin A. Coleman for respondent.

Judges BURKE, BREITEL and JASEN concur with Judge SCILEPPI; Judge BERGAN dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge KEATING concur.


SCILEPPI, J.

In this action plaintiff Morris Cohon & Company seeks to recover the sum of $27,800 as the "fair and reasonable value" of services which it claims to have rendered as a broker or finder in connection with the sale by the defendant Sidney A. Russell of his 50% stock interest in Russell and Russell, Inc. The Supreme Court, New York County (MARKEWICH, J.), denied defendant's motion for summary judgment...

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