Majority
p. 857Meyer Silberstein, Appellant, v. Benjamin H. Whinston and Bertjun Holding Corporation, Respondents.
Order granting defendants’ motion for judgment on the pleadings and judgment entered thereon reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The question whether plaintiff was acting as a real estate broker should be determined at the trial. Lazansky, P. J., Young and Kapper, JJ., concur; Rich and Tompkins, JJ., dissent and vote to affirm.