Kassiel Homnick & Drucker & Gussoff Realty Corp. v. New York Dock Trade Facilities Corp.

Action to recover broker’s commissions on the sale of real estate. Judgment dismissing the complaint against the individual defendant unanimously affirmed, with costs. As against the corporate defendant the judgment is reversed on the law and a new trial granted, with costs to abide the event. The evidence presented questions of fact for the jury inter alia, (1) whether or not the corporate defendant had “ accepted ” the plaintiffs’ proposed purchaser. If the jury so found, then there was no need for proof of financial ability of the proposed purchaser, who in fact eventually bought the…