Day v. Dworman

Order, entered on October 23, 1962, unanimously reversed, on the law., with $20 costs and disbursements and the motion, insofar as it seeks a dismissal of the first and second causes of action as against appellants for insufficiency, granted, with leave to respondent, in the exercise of discretion, to replead the first cause of action against appellants if so advised. The first cause of action seeks a recovery against the appellants based upon plaintiff’s status as either a finder or a broker. Such alternative pleading to be sufficient requires support in the pleading for both theories of…