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DURA v. WALKER, HART & CO.

27 N.Y.2d 346 (1971)

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

Court of Appeals of the State of New York.

Decided January 6, 1971.

Attorney(s) appearing for the Case

Alan Palwick for appellant.

William E. Kelly and William H. Cusick for respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief Judge FULD.

The question posed by this appeal is whether the Statute of Frauds requires an agreement between two finders — to share in the commission which one of them had received from a third party principal — to be in writing. The courts below answered the question in the affirmative. We reach a contrary conclusion.

In August, 1965, Lehman...

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