Legal Opinion

H. G. Waters & Son v. Rafalsky

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1909PublishedCited by 3 opinions

Appeal by the defendant, Mark Rafalsky, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 5th day of January, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Kruse, J.:

The judgment against the defendant, from which this appeal is taken, is founded upon a verdict for brokers’ commissions, claimed to have been earned by the plaintiff for effecting the sale of certain real property belonging to the defendant, and placed upon the market for sale with the plaintiff as brokers. The property was so placed with the plaintiff in January, 1906, at the selling price of $200,000, with a commission of two and one-half per cent to the plaintiff.

In the following April or first of May the plaintiff called the attention of one Maxon W. Tifft to the property,…

2Cited by3 opinions

  1. Nitsch v. Wabburton Hall Ass'nNew York Supreme Court · 1927
  2. Bergoffen v. GlasserAppellate Terms of the Supreme Court of New York · 1924
  3. Walker v. SterryAppellate Division of the Supreme Court of the State of New York · 1911

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