Niesz v. Karlow — 9 A.D.2d 920

Majority

p. 920

Donn P. Niesz et al., Doing Business as Niesz & Muldoon, Respondents, v. Samuel Karlow et al., Appellants.

In an action to recover a brokerage commission, the appeal is from an order of the City Court of Mount Vernon denying appellants’ motion for summary judgment dismissing the complaint (Rules Civ. Prae., rule 113). Order affirmed, with $10 costs and disbursements. The record discloses the presence of triable issues of fact. Wenzel, Acting P. J., Beldoek, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased.