Sutton v. East River Savings Bank

OPINION OF THE COURT

Fuchsberg, J.

In an action to recover a real estate brokerage commission, defendant East River Savings Bank appeals from an order of the Appellate Division, which, reversing Special Term on the law, granted summary judgment in favor of the plaintiff, executor of the broker’s estate, on his first cause of action.* This count was grounded on a written agreement between the broker and the bank. The bank’s contention is that it tendered extrinsic evidentiary facts sufficient to defeat the motion for summary judgment and that, even if it had not, the Appellate Division’s…