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DOUGLAS A. EDWARDS, INC. v. LAX

85 A.D.2d 509 (1981)

Douglas A. Edwards, Incorporated, Appellant, v. Edwin G. Lax, Respondent

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

December 1, 1981

Although the action before us is denominated as one seeking a declaratory judgment, the basic nature of the lawsuit is one to recover commissions resulting from a real estate transaction involving the efforts of appellant and respondent. In this posture, the critical factual issues should be resolved by a jury. (Siegel, New York Practice, § 439; 4 Weinstein-Korn-Miller, NY Civ Prac, par 4101.39; cf. Solnick v Whalen, 49 N.Y.2d 224<...

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