Samuels v. Twin State Realty Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Louis B. Samuels against the Twin State Realty Company, in which defendant counterclaimed. From a judgment for defendant on its counterclaim, plaintiff appeals. Reversed and remanded. Argued December term, 1913, before SEABURY, GUY, and BIJUR, JJ.
1Per curiam
Plaintiff sues as the assignee of one Garfunkel to recover commissions alleged to have been earned in making sales of real property owned or controlled by the defendant. The answer pleads a counterclaim for money advanced to the plaintiff’s assignor.
As nearly as we can determine from the record, which is in a confused state, the court below allowed the plaintiff the amount claimed, and allowed the defendant’s counterclaim to the amount of the plaintiff’s claim, and awarded judgment in favor of the defendant. That this was the manner in which the conclusion announced was reached is to be…
2Cases cited1 opinion
- Thomas v. NoonanAppellate Division of the Supreme Court of the State of New York · 1909