Moseley Associates, Inc. v. New Yorker Magazine, Inc.

— Order of the Supreme Court, New York County (Kristin Booth Glen, J.), filed May 15, 1987, which denied plaintiff’s cross motion for summary judgment, unanimously reversed, on the law, and the motion for summary judgment granted in the amount of $60,000, without costs.

This is an action for $120,000 allegedly due as a broker’s commission for plaintiff’s role in finding a printing plant for the defendant to purchase. Before answering, defendant moved, pursuant to CPLR 3211, to dismiss the complaint. Plaintiff cross-moved for summary judgment. The motion court denied both motions. No appeal has…