Leahy v. Brooklyn Waterfront Terminal Corp.

In an action to recover damages for breach of a contract to pay plaintiff a commission for his services in bringing about the lease of defendant’s property by a department of the United States Government, judgment in favor of plaintiff, entered on the verdict of a jury, unanimously affirmed, with costs. Although the defense that the contract was void as against public policy was not pleaded or raised at the trial, it may be raised for the first time on appeal. (Drake v. Lauer, 93 App. Div. 86, affd. 182 N. Y. 533.) The validity of this contract of brokerage entered into by citizens of this…