Goldman v. Whitten

This is an action in contract by the plaintiff, areal estate broker, to recover commissions allegedly due upon the renewal of ten year leases of defendants’ commercial properly by tenants who were originally procured by the plaintiff.

The trial court allowed the defendants’ Dist/Mun. Cts. R. Civ., Rule 56 motion for summaryjudgment on the grounds of insufficient documentation to satisfy the Statute of Frauds.

On appeal to this Division, the plaintiff charges the trial court with error in: (1) hearing the defendant’s summaryjudgment motion despite the absence of the ten-day notice mandated by…