COSTELLO v. STANDARD METALS


99 A.D.2d 227 (1984)

John William Costello Associates, Inc., Respondent, v. Standard Metals Corporation, Appellant

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

February 21, 1984


Attorney(s) appearing for the Case

Yvette Harmon of counsel (Mark Cahaney with her on the brief; Windels, Marx, Davies & Ives, attorneys), for appellant.

Donald West for respondent.

CARRO and MILONAS, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., dissents in part and would affirm on the opinion of GREENFIELD, J.; ALEXANDER, J., dissents in an opinion.


MURPHY, P. J.

In the first cause of action, plaintiff seeks to recover damages under an oral agreement made with the defendant on or about June 2, 1980. Essentially, plaintiff alleged that it revealed the name and qualifications of one George E. Smith to the defendant with the understanding that it would receive 30% of Smith's total compensation for the first year of his employment if defendant employed him.

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