Nadal v. Childs Securities Corp.

Eager, J. (dissenting).

I would reverse the order of Special Term. From the record here, it is clear that there are issues of fact precluding the summary dismissal, as a matter of law, of the complaint at this time.

This action was brought to recover for a breach by the defendant of contracts whereby, as the buyer of land in Florida, he is alleged to have agreed to pay plaintiff a finder’s fee and also to employ plaintiff to supervise the construction of an apartment house upon the premises and to pay him for his services in this connection 5% of the cost of construction plus a fee of 1% to…