Spitzer v. Londa Realty Corp.

Plaintiff sues to recover brokerage commissions. He sues the seller, the buyer, the substituted broker and the corporation taking title on behalf of the real buyers, including the purported substituted broker. All defendants save the seller move for dismissal pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice.

Conspiracy to breach its own contract cannot be charged against the seller. It appears conclusively by the allegations that the seller was fully informed by the plaintiff of all the facts relating* to the proposed purchasers introduced by the plaintiff to the…