Majority
p. 904Abraham Freundlich and Florence Feldman, Respondents, v. Maxwell M. Booxbaum, Appellant.
Judgment reversed on the law and the facts, with costs, and the complaint dismissed, with costs, without prejudice to an action brought on a timely occasion. The record shows no issue of fact that should have been submitted to the jury. Under the contract between the parties no brokerage was" payable until the payment of the second mortgage. The second mortgage has not been paid. Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ., concur.