Cohen v. Boccuzzi
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Isaac Cohen against Felice Boccuzzi. From a judgment for defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtGreenbaum, J.
The plaintiff sought to hold defendant liable for commissions claimed to have been earned in procuring a purchaser for defendant’s real property. After plaintiff had rested his case, defendant’s motion to dismiss was granted, and judgment dismissing the action upon the merits was rendered. Unless plaintiff could show written authority from the defendant, no recovery can be had. Whiteley v. Terry, 83 App. Div. 197, 82 N. Y. Supp. 89. Plaintiff testified that he procured from the defendant a pencil memorandum, written out and signed by defendant’s son by direction of his father, which read as…
2Cases cited3 opinions
- Whiteley v. TerryAppellate Division of the Supreme Court of the State of New York · 1903
- Merkin v. GershAppellate Terms of the Supreme Court of New York · 1900
- Lampert v. RavidAppellate Terms of the Supreme Court of New York · 1900
3Cited by2 opinions
- Turner v. LaneAppellate Terms of the Supreme Court of New York · 1905
- Mashkowitz v. O'ConnellAppellate Terms of the Supreme Court of New York · 1905