Pomerantz v. Sussman

*1020Plaintiff may testify to his negotiations with his customer, though in the absence of the seller, to show that he was the procuring cause of the sale. (Melkon v. Kirk & Co., 232 App. Div. 134; Meyers v. 650 Madison Ave. Corp., 259 App. Div. 109; Lockhart v. Hamlin, 190 N. Y. 132; Tanenbaum v. Nanes, 247 App. Div. 907.) The protection of section 347 of the Civil Practice Act does not extend to the seller, who is a stranger to the deceased buyer’s estate, being neither “ the executor, administrator or survivor ” of the deceased. The second cause of action is brought against the Dragólas as…