Legal Opinion

Procidano v. Mautner

Civil Court of the City of New York

Decided July 19, 1972PublishedCited by 1 opinion

1Opinion of the CourtPatbick J. Picabiello, J.

Plaintiff, a licensed real estate broker, sues to recover a brokerage commission allegedly due him under an expressed and/or implied agreement with defendant, a real estate entrepreneur.

*892The facts seem not to be in dispute. The issue to be resolved in this lawsuit is whether or not plaintiff acted for the defendant in his capacity as a licensed real estate broker in the subject transaction and whether or not there emerged therefrom an agreement, expressed or implied, whereby the defendant bound himslf to pay plaintiff a brokerage commission.

It appears that prior to January 8, 1970, plaintiff…

2Cases cited12 opinions

  1. Wendt v. FischerNew York Court of Appeals · 1926
  2. Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936
  3. Elco Shoe Manufacturers, Inc. v. SiskNew York Court of Appeals · 1932
  4. Grossman v. HermanNew York Court of Appeals · 1935
  5. Leonard v. Home Owners' Loan Corp.New York Court of Appeals · 1947

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3Cited by1 opinion

  1. Douglas Holly, Inc. v. RiceAppellate Division of the Supreme Court of the State of New York · 1990

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