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SIMON v. ELECTROSPACE CORP.

32 A.D.2d 62 (1969)

Harold Simon, Respondent-Appellant, v. Electrospace Corporation, Appellant-Respondent, et al., Defendants

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

May 1, 1969.

Attorney(s) appearing for the Case

Hyman L. Rutman of counsel (Lesser, Rutman & Kurtz, attorneys), for respondent-appellant.

Arnold C. Stream of counsel (Netter Lewy Dowd Fox Ness & Stream, attorneys), for appellant-respondent.

CAPOZZOLI and McGIVERN, JJ., concur with NUNEZ, J.; STEUER, J., dissents in opinion in which EAGER, J. P., concurs.

NUNEZ, J.

This appeal brings up for review a judgment in favor of plaintiff for a commission claimed to have been earned pursuant to a written agreement with defendant Electrospace Corporation by finding and presenting to that corporation a business opportunity which ultimately resulted in a merger with another corporation, Robosonics, Inc.

In October of 1964, plaintiff, an officer of a public relations...

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