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BMX WORLDWIDE, LTD. v. COPPOLA N. Y. C., INC.

287 A.D.2d 383 (2001)

731 N.Y.S.2d 701

BMX WORLDWIDE, LTD., Formerly Known as BEAUTY MATTERS, LTD., Respondent, v. COPPOLA N. Y. C., INC., Appellant.

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

Decided October 25, 2001.

In this action to recover a finder's fee, summary judgment was properly denied since a triable issue exists as to whether defendant's obligation to pay plaintiff pursuant to the parties' contract for the placement of a hair colorist in defendant's salon was conditioned upon the colorist's attainment of certain levels of weekly business bookings. As this record discloses, resolution of this issue turns upon credibility determinations...

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