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SIMON v. ALLIED CHEM. CORP.

35 A.D.2d 273 (1970)

E. Mitchell Simon, Respondent, v. Allied Chemical Corporation, Appellant

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

November 24, 1970.

Attorney(s) appearing for the Case

Irving R. Storch of counsel (Herman N. Schwartz, attorney), for appellant.

Sidney A. Florea, Robert S. Field and Walter M. Schwartz of counsel (DiFalco, Field, Florea & O'Rourke, attorneys), for respondent.

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

STEVENS, P. J.

This is an appeal from an order entered March 30, 1970 (SCHWEITZER, J.) which denied defendant's motion for summary judgment.

The issue involves double employment and a claim for commissions allegedly resulting therefrom. Plaintiff, a real estate broker, sues for one half of a commission he claims he would have earned had the contemplated purchase of property at 40 Rector Street been effected. Plaintiff alleges that he was employed...

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