
    Sigmund Bottner, Respondent, v. Louis Petchers, Appellant.
    Supreme Court, Appellate Term, First Department,
    December 19, 1957.
    
      Irving F. Berger for appellant.
    
      Harold L, Glasser and Norman P. Horwits for respondent.
   Per Curiam.

The question of whether the transaction between defendant and the Texas Company was a real estate transaction requiring plaintiff to have a real estate broker’s license as a condition of recovery is one of fact. An issue is thereby presented.

The order should be affirmed, with $10 costs.

Stetjeb and Hecht, JJ., concur; Hoestadteb, J., concurs in result.

Order affirmed, etc.  