Smith Bros. Plumbing Co. v. Engine Air Service, Inc.

The County Court had jurisdiction to try respondent’s claim (Civ. Prac. Act, § 69). The facts established that respondent did not fully perform the employment agreement, in that the commitment procured was not unconditional and was not in accordance with the mortgage loan described in the employment agreement. Johnston, Acting P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur. [See 280 App. Div. 806.]