Unanimously reversed, on the law and on the facts, to the extent of vacating the judgment and remanding for trial, without costs.
In November, 1967, Samuel J. Lefrak, through his Canberra Leasing Corp., sought to purchase property at 38-40 West 57th Street in Manhattan from one Alfred H. Lawrence. Petitioner was the broker involved in negotiating this transaction, and Lawrence had agreed to pay the broker's commission pursuant to separate agreement should the transaction...
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