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

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


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, ยง 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

© 1998 VersusLaw Inc.



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