Southern v. Sperling

Defendant moves to dismiss plaintiffs’ amended complaint for insufficiency pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Tbe original complaint was attacked by motion to dismiss, and was dismissed by another Justice of this court, because of insufficiency. (13 Misc 2d 350.)

Plaintiffs are licensed real estate brokers who sue to recover the amount of commissions they would have earned if the defendant, the prospective purchaser of the property referred to in the complaint, had not withdrawn from the transaction after the seller had accepted the said purchaser’s oral…