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BUSHKIN ASSOC v. US FILTER

79 A.D.2d 367 (1981)

Bushkin Associates, Inc., Respondent, v. United States Filter Corporation, Appellant

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

March 5, 1981

Attorney(s) appearing for the Case

Charles G. Mills of counsel (Eaton, VanWinkle & Greenspoon, attorneys), for appellant.

Lawrence Kill and Jerold Oshimsky of counsel (Anderson Russell Kill & Olick, P. C., attorneys), for respondent.

BIRNS, SULLIVAN and MARKEWICH, JJ., concur with SILVERMAN, J.; KUPFERMAN, J. P., dissents in an opinion.

SILVERMAN, J.

This is an appeal from an order of the Supreme Court denying defendant's motion for summary judgment dismissing the complaint on the ground of the Statute of Frauds (General Obligations Law, § 5-701, subd a, par 10). We hold that the action is barred by the Statute of Frauds, and that defendant's motion for summary judgment should have been granted.

The action is essentially for a finder's fee. Plaintiff

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