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KING v. NICHOLSON

145 Misc.2d 977 (1990)

Herbert R. King, Appellant, v. Dorcas S. Nicholson, as Executrix of Winona Wilson, Deceased, Respondent.

Supreme Court, Appellate Term, Second Department.

March 2, 1990

Attorney(s) appearing for the Case

Herbert R. King, appellant pro se.

KASSOFF, P. J., PIZZUTO and WILLIAMS, JJ., concur.

MEMORANDUM.

Order unanimously reversed, without costs, motion for summary judgment denied and complaint reinstated.

Plaintiff instituted this action against the executrix of the estate of Winona Wilson, in her representative capacity, to recover "brokerage fees" on the sale of premises which had been owned by the decedent. Although plaintiff did not bring about the sale, the right to recover such commission was...

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