Legal Opinion

Tanenbaum v. Boehm

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

Decided June 5, 1908PublishedCited by 4 opinions

Appeal by the plaintiffs, Leon Tanenbaum and another, copartners, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 24th day of June, 1907, upon the verdict of a jury, rendered by direction of the court, dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 25th day of June, 1907, denying the plaintiffs’ motion for a new trial made upon…

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Appeal by the plaintiffs, Leon Tanenbaum and another, copartners, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 24th day of June, 1907, upon the verdict of a jury, rendered by direction of the court, dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 25th day of June, 1907, denying the plaintiffs’ motion for a new trial made upon the minutes.

1Opinion of the Court

Clarke, J.:

This is an action to recover the sum of $22,300 as commissions for negotiating a lease of real estate situate at the southwest corner of Thirty-fifth street and Fifth avenue, New York, owned by defendants. At the close of the case, the sole question of fact which at that time existed was withdrawn by á concession of the defendants, their counsel stating, “ If there is any liability against anybody here, the defendants are liable. [Counsel for the plaintiffs] : On that concession, I move for a 'direction of a verdict in favor of the plaintiffs for the amount claimed. [Counsel for…

2Cases cited4 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Mooney v. . ElderNew York Court of Appeals · 1874
  3. Martin v. WermannAppellate Division of the Supreme Court of the State of New York · 1905
  4. McQuillen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. McCormick v. HazardAppellate Terms of the Supreme Court of New York · 1912
  2. Sheridan v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1916
  3. Rice v. NeumanAppellate Terms of the Supreme Court of New York · 1909
  4. Tanenbaum v. BoehmAppellate Division of the Supreme Court of the State of New York · 1909

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