Fragner v. Fischel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry Fischel, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12tli day of April, 1910, denying the defendant’s motions for a bill of particulars and tó compel the plaintiff to reply, ,and also from an order entered in said clerk’s office on the 25th day of April, 1910, resettling the first order.
1Opinion of the Court
Woodward, J.:
The plaintiff, a real estate broker, brings this action to recover commissions alleged to have been earned in securing a lessee for the Grand Street Theater in the city of Hew York, at an annual rental of not less than $35,000, with a special agreement to pay one per cent upon the aggregate amount of rentals accruing under the lease, if plaintiff procured a lessee Who would pay not less than $45,000 -per annum; that plaintiff, at the request of defendant, rendered services in procuring a lessee for the said premises, and secured a lessee who undertook to rent the premises at an…
2Cases cited1 opinion
- Mahaiwe Bank v. DouglassSupreme Court of Connecticut · 1862
3Cited by3 opinions
- Block v. FiskNew York Supreme Court · 1941
- Fragner v. FischelAppellate Division of the Supreme Court of the State of New York · 1914
- Merinos Viesca Y Compania, Inc. v. Pan American Petroleum & Transport Co.District Court, E.D. New York · 1930