Appellate Division of the Supreme Court of the State of New York May 16, 2000 (Herkert v. Temco Services Industries, Inc.)

—Order (denominated decision and judgment), Supreme Court, New York County (E. Michael Kavanagh, J.), entered on or about June 23, 1999, which, in an action to recover a commission, granted defendant’s motion to set aside the verdict in favor of plaintiff and for judgment as a matter of law in favor of defendant, unanimously affirmed, without costs or disbursements.