Order modified, on the law, by deleting the second and third decretal paragraphs thereof and substituting therefor a provision denying the defendant's cross application for summary judgment. As so modified, order affirmed, without costs or disbursements.
In October, 1969 the parties entered into a letter agreement whereby defendant was to pay plaintiff $35,000 as brokerage commissions pertaining to the sale of certain stock on condition that: (1) the transaction closes...
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