Legal Opinion
Smyczynski v. Goeseke
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1982PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously modified and, as modified, affirmed, without costs. Memorandum: The record reveals sufficient evidence to support a finding that plaintiff brought the parties together on the sale of defendants’ farm. All a broker need do to establish a prima facie case is introduce evidence tending to show the existence of a commission agreement and that he has procured a ready, willing and able purchaser at the price and terms of the seller. These are all questions of fact and as such must be resolved by the jury {Lane—Real Estate Dept. Store v Lawlet Corp., 28 NY2d 36, 44; Gallinger…
2Cases cited5 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Colegrove v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1976
- Gallinger Real Estate, Inc. v. Mufale Development Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Arigo v. Abbott & Cobb, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Rexford Realty Group, Inc. v. ScofieldAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by3 opinions
- Bersani v. BassetAppellate Division of the Supreme Court of the State of New York · 1992
- Sholom & Zuckerbrot Realty Corp. v. 101 Fleet Place AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
- Briggs v. RectorAppellate Division of the Supreme Court of the State of New York · 1982