Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment. Plaintiff seeks damages for breach of a consulting agreement that required him, inter alia, to use his "best efforts" to promote defendant to the Gamma Institute, Vienna, Austria, for which defendant was obligated to pay plaintiff $3,000 per month. The initial term of the agreement...
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