Manson-Jacobs Co. v. West 129th Street Building Corp.

Finch, J.:

This action Was brought to recover brokerage commissions alleged to have been earned in procuring a party who was ready, willing and able to lease a garage owned by the defendant corporation. No lease was in fact ever executed. The judgment and order appealed from must be reversed and a new trial granted, upon the grounds, first, that the verdict is against the weight of the evidence; second, that it was reversible error to receive in evidence over the defendant’s objection an unsworn written statement made by a witness called by the plaintiff. In this connection the record shows…