Legal Opinion
Leonard Lang, Ltd. v. Birch Holding Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 26, 1979PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover a real estate brokerage commission, defendants Birch Bark Realty Corp. and Lincoln Savings Bank appeal from an order of the Supreme Court, Suffolk County, dated November 16, 1978, which denied their motion for summary judgment dismissing the complaint and cross claim against them. Order affirmed, with one bill of $50 costs and disbursements payable jointly to respondents. In our view, issues of fact exist which require a trial. The Statute of Frauds has no application to the alleged oral agreement between Birch Holding Corp. and Lincoln Savings Bank because Lincoln’s…
2Cases cited5 opinions
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- White v. . RintoulNew York Court of Appeals · 1888
- Richardson Press v. . AlbrightNew York Court of Appeals · 1918
- Bulkley v. ShawNew York Court of Appeals · 1942
- Kossick v. United Fruit Co.District Court, S.D. New York · 1958
3Cited by2 opinions
- Hewett v. Marine Midland Bank of Southeastern New York, N.A.Appellate Division of the Supreme Court of the State of New York · 1982
- Martin Roofing, Inc. v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1983