Hausen v. Academy Printing & Specialty Co.

In an action to recover salesman’s commissions upon an alleged agreed rate (first cause of action) and in qwmtum meruit (second cause of action), defendant appeals from an order of Supreme Court, Nassau County, dated August 14, 1969, which denied its motion to dismiss both causes of action in the amended complaint pursuant to CPLR 3211 (subd. [a], par. 5). Order modified, on the law and the facts, by inserting therein, immediately after the words “ this motion is denied ”, the following: “ as to the second cause of action and granted as to the first cause of action.” As so modified, order…