Legal Opinion

Sugarman v. Kearns

Appellate Terms of the Supreme Court of New York

Decided March 15, 1914Published

Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, seventh district, in favor of the plaintiffs for $200 damages, besides costs, entered after a trial by the court.

1Opinion of the CourtGuy, J.

This action was brought to recover $200 brokers’ commissions alleged to be due plaintiffs for procuring an acceptance of an assignment of a first mortgage loan of $4,000 with an extension thereof for five years, on premises No. 241 East One Hundred and *451Twenty-third street, New York city, at five and a half per cent, per annum, within two days from September 15, 1913.

The answer sets up a general denial.

The contract, which was in writing, provided for any necessary subordination agreement (in relation to the second mortgage), but was silent as to 'any estoppel certificates on junior mortgages.…

2Cases cited3 opinions

  1. Crasto v. WhiteNew York Supreme Court · 1889
  2. Steele v. LippmanAppellate Terms of the Supreme Court of New York · 1909
  3. Holliday v. Roxbury Distilling Co.Appellate Division of the Supreme Court of the State of New York · 1909

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