Appellate Division of the Supreme Court of the State of New York May 11, 1970 (Hausen v. Academy Printing & Specialty Co.)

In an action to recover salesman’s commissions upon an alleged agreed rate (first cause of action) and in qwmtum meruit (second cause of action), defendant appeals from an order of Supreme Court, Nassau County, dated August 14, 1969, which denied its motion to dismiss both causes of action in the amended complaint pursuant to CPLR 3211 (subd. [a], par. 5).