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DURA v. WALKER, HART & CO.

34 A.D.2d 151 (1970)

Michael Dura, Appellant, v. Walker, Hart & Co., Incorporated, Respondent

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

May 5, 1970.

Attorney(s) appearing for the Case

Alan Palwick for appellant.

William E. Kelly of counsel (Casey, Lane & Mittendorf, attorneys), for respondent.

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

McGIVERN, J.

The plaintiff, a business broker, sues a fellow broker on an alleged oral promise to share the fruits of the negotiation and sale of the stock interest of a corporation. The plaintiff, Michael Dura, claims that in August of 1965, Lehman Brothers told him it would like to sell the Drew Chemical Corporation stock and would pay him a finder's fee. And, in October, 1966, the plaintiff orally divulged...

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