
    Edward C. Suffern, Appellant, v. Kaufman Mandell et al., Respondents.
    (Argued June 4, 1925;
    decided July 15, 1925.)
    
      Contract — agreement by which plaintiffs business became a department of that of defendants’ — dispute as to who was entitled to proceeds of judgment recovered by plaintiff in action against third party for breach of contract.
    
    
      Suffern v. Mandell, 212 App. Div. 1, affirmed.
    Appeal from a judgment, entered March 13, 1925, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury, and directing judgment in favor of defendants. Plaintiff and defendants entered into a contract whereby the plaintiff’s business became a department in that of defendants’, the plaintiff agreeing to transfer his accounts and orders to defendants in consideration of their agreement to pay to him a percentage of the net profits. Thereafter plaintiff commenced an action and recovered judgment against a third party for breach of contract to deliver merchandise. The controversy here arises from a dispute as to whether plaintiff or defendants were entitled to the amount collected on the judgment.
    
      Chauncey E. Treadwell for appellant.
    
      Adolph Feldblum and Aaron William Levy for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  