Galitzka v. Fields
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, Fifth District. Action by Samuel Galitzka against Henry Fields. From a judgment for plaintiff, rendered in the Municipal Court after trial with a jury, •defendant appeals.
1Opinion of the CourtPutnam, J.
Whether or not it is against public policy for a broker, who is in a confidential relation, and not a mere middleman, to agree with a prospective customer not to act in the owner’s interest, and not seek any other customer (see Rabinowitz v. Pizer [Sup.] 108 N. Y. Supp. 994; Id., 127 App. Div. 941, 111 N. Y. Supp. 1141), the facts in this case do not sustain the complaint.
[1] The present complaint, following Siegel v. Rosenzweig, 129 App. Div. 547, 114 N. Y. Supp. 179, alleges at the threshold an agency, with an agreement with the principal for commissions, on the sale of the property, which…
2Cases cited2 opinions
- Siegel v. RosenzweigAppellate Division of the Supreme Court of the State of New York · 1908
- Rabinowitz v. PizerNew York Supreme Court · 1908