Mulvihill v. Di Prima

In an action to recover a broker’s commission, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated April 22, 1974, which (1) granted defendants’ motion for summary judgment and (2) denied plaintiff’s cross motion for summary judgment. Order modified, on the law, by striking therefrom the first decretal paragraph, which granted defendants’ motion, and substituting therefor a provision denying said motion. As so modified, order affirmed, without costs. In our opinion there are factual issues which require resolution by trial. The plaintiff broker procured purchasers…