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SCHOR v. MONTACO REALTY CO

Appellate Division of the Supreme Court of New York, Second Department.
Dec 2, 1985

Order affirmed, with costs.

Triable issues of fact exist, inter alia, as to whether defendants agreed to employ plaintiffs as real estate brokers in this matter, and, if so, what the terms of such agreement were. Thus, defendants are not entitled to summary judgment (see, CPLR 3212 [b]). Gibbons, J.P., Brown, Niehoff and Eiber, JJ., concur.