Diehl v. Margaret C. Mack Real Estate, Inc.

Judgment unanimously affirmed, without costs. *1056Memorandum: Plaintiff appeals from a judgment which dismissed his amended complaint at the close of the plaintiff’s proof. Defendant real estate brokerage corporation and its employee agent, defendant Turner, had secured an offer from plaintiff to purchase a restaurant business and real property listed with defendants. The business and real property upon which it was located was owned by defendants’ client, one Herbert Brueckner. Included in the purchase offer was a parking lot adjoining the restaurant property, title to which was in Mr. Brueckner…