Ro-Stan Equities, Inc. v. Schechter

In an action to recover a brokerage commission, plaintiff appeals from a judgment of the Supreme Court, Rockland County, entered November 16, 1971, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a nonjury trial. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. It was error to dismiss the complaint at the close of plaintiff’s case. Proof sufficient to require rebuttal was introduced to show that plaintiff had produced a lender ready, willing and able to provide a mortgage at the…