Chalek v. Kayray Realty Corp.

RIFKIND, District Judge.

Upon reconsideration, at the instance of plaintiff, of which the defendants had notice, I am impelled to change the conclusion expressed in my memorandum of November 26, 1948, with respect to the liability of defendant Jordan, a real estate agent, who negotiated the assignment of a lease together with a tied-in furniture sale and received the first rental and purchase price, acting throughout as agent for and on behalf of the assignor. On the rationale of Bowles v. Cardinal Cutlery Corp., D.C.S.D.N.Y.1946, 69 F.Supp. 435, I had thought him not to be liable. The Court…