This is an action for $120,000 allegedly due as a broker's commission for plaintiff's role in finding a printing plant for the defendant to purchase. Before answering, defendant moved, pursuant to CPLR 3211, to dismiss the complaint. Plaintiff cross-moved for summary judgment. The motion court denied both motions. No appeal has been taken from the denial of defendant's motion to dismiss the complaint.
The motion court noted that General Obligations Law § 5-701...
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