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STATE OF NEW YORK
SUPREME COURT  :  COUNTY OF MONROE

ESTHER G. ROLICK,
Plaintiff,

-vs-

THE JACQUES SELIGMANN & COMPANY,
Defendant.

STATE OF NEW YORK   )
COUNTY OF NEW YORK  )   SS.:

GERMAIN SELIGMAN, being duly sworn, deposes and says:

I am President and Treasurer of the defendant corporation and reside at 47 East 61st Street, City, County and State of New York. I am fully familiar with all the facts in this case and submit this affidavit in opposition to plaintiff's motion for summary judgment and in support of defendant's cross-motion for summary judgment.

I have read plaintiff's affidavit, and the statement on page 2 of her affidavit that there was an explicit oral understanding between the parties that the defendant was not entitled to receive any remuneration whatsoever for services except in cases of actual sales of plaintiff's paintings is a half truth. At the time plaintiff and defendant entered into negotiations, the problem of defendant's remuneration in case of fire never came up for discussion. Suffice it to say that the plaintiff herself submitted to the gallery a list of net figures for each painting. These figures represented the sums which plaintiff desired to receive for each painting. Added to this sum was a commission to be received by the gallery, and the net figure fixed by the plaintiff, plus the commission figure totalled the selling price of each painting. Thus, the plaintiff was to furnish the gallery with a list of selling prices which were

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