Konow v. Sugarman

—In an action, inter alia, to recover commissions allegedly due him, plaintiff appeals from so much of an order of the Supreme Court, Queens County, dated July 31, 1978, as denied the branch *1017of his motion which sought to dismiss defendants’ first affirmative defense. Defendants cross-appeal from so much of the said order as granted the branch of plaintiffs motion which sought to dismiss their second affirmative defense. Order modified, on the law, by deleting the third decretal paragraph thereof and substituting therefor a provision granting that branch of plaintiff’s motion which sought to…