Sanders A. Kahn Associates, Inc. v. Maidman

Judgment, Supreme Court, New York County, entered on June 29, 1971, affirmed on the opinion of Fein, J., at Trial Term [69 Misc 2d 90]. Respondent shall recover of appellant $50 costs and disbursements of this appeal. Concur — Nunez, Murphy and Capozzoli, JJ.; McGivern, J. P., dissents in a memorandum and Kupferman, J., concurs in McGivern, J. P.’s dissent in a separate memorandum, as follows: McGivern, J. P. (dissenting). I disagree. In my view, contrary to that as expressed by the learned Justice at Trial Term, all the essential terms had not been agreed upon, and the commissions had not…