Cohen v. Boccuzzi
New York Supreme Court
Appeal from a judgment in favor of the defendant rendered in the Municipal Court of the city of New York, •fifth district, borough of Manhattan. Action for a broker’s commissions on a sale of real estate.
1Opinion of the Court
Gteeenbaum, J".
The plaintiff sought to hold the defendant liable for commissions claimed to have been earned in procuring a purchaser for the defendant’s real property. After the plaintiff had rested his case,. defendant’s motion to •dismiss was granted and judgment dismissing the action upon the merits was rendered. Unless the plaintiff could •show written authority from the defendant no recovery can 'be had. Whitely v. Terry, 83 App. Div. 197.
Plaintiff testified that he procured from the defendant *545a pencil memorandum, written out and signed by defendant’s son by direction of his father,…
2Cases cited2 opinions
- Whiteley v. TerryAppellate Division of the Supreme Court of the State of New York · 1903
- Merkin v. GershAppellate Terms of the Supreme Court of New York · 1900
3Cited by3 opinions
- Imperato v. WasboeAppellate Terms of the Supreme Court of New York · 1905
- Turner v. LaneAppellate Terms of the Supreme Court of New York · 1905
- Mashkowitz v. O'ConnellAppellate Terms of the Supreme Court of New York · 1905