Freedman v. Montague Associates, Inc.

Defendants move pursuant to rule 113 of the Rules of Civil Practice for summary judgment dismissing the amended complaint herein on the ground that the affirmative defense pleaded thereto is sufficient as a matter of law and is founded upon facts established prima facie by documentary evidence.

The action was brought originally by Nat Freedman and Jack Kaplan as plaintiffs to recover real estate brokerage commissions claimed to be due them in the sum of $187,500; and the same came on to be tried before a jury in May, 1956. During the course of that trial it was developed that two other…