Order reversed insofar as appealed from, with $50 costs and disbursements, and summary judgment is denied to both parties.
The key to summary judgment is issue finding rather than issue determination (see Esteve v Abad, 271 App Div 725). In the present action an agreement was entered into whereby the appellants were to prepare a catalogue for the respondent. Upon acceptance of the catalogue they were to receive $5,000. They were also to receive 1% of the total...
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