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BERNARD L. SELIGMAN v. EXQUISITE FORM INDUSTRIES (10/23/69)

October 23, 1969

BERNARD L. SELIGMAN, APPELLANT,
v.
EXQUISITE FORM INDUSTRIES, INC., ET AL., DEFENDANTS, AND MARION PLEHN ET AL., AS EXECUTORS OF HENRY M. PLEHN, DECEASED, RESPONDENTS



Concur -- Stevens, P. J., Capozzoli, McGivern, Nunez and Steuer, JJ.

The statutory requirement of a writing in the case of contracts to pay compensation for the rendition of services as a finder in connection with the sale of a business opportunity (General Obligations Law, § 5-701, subd. 10) has been held not to apply to an attorney at law, as the statute so precisely declares; and this has been so concluded whether or not an attorney-client relationship existed between the parties. (Harris v. Sobel, 31 A.D.2d 529, Rever v. Kayser-Roth Corp., 29 A.D.2d 920.)

Disposition

Order entered February 28, 1969, unanimously reversed, on the law, and the motion to dismiss is denied, with $50 costs and disbursements.

19691023

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