Benedict v. . Pincus
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first-judicial department, entered May-17, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first-judicial department, entered May-17, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. This action was brought to recover commissions alleged to have been earned by the plaintiff as a broker in procuring a tenant ready and willing to take a lease from the defendants of certain premises in which they had a leasehold interest with the right to sublet the same. Among other allegations the complaint contained the following: “ That the said…
1DissentHaight, J.
This action was brought to recover commissions as a broker for services alleged to have been rendered in procuring a tenant for the defendants’ premises. The agreement, as alleged in the complaint, is in substance that the defendants employed the plaintiff as a real estate broker to lease the-defendants’premises fór the term of seven years from October or Hovember, 1906, or to find or procure a lessee thereof; that the plaintiff, as such broker, did find one Bobert Smith ready, willing and able to execute and fulfill the provisions of a lease, and that thereupon the following instrument was…
2Cases cited2 opinions
- Camp v. WaringSupreme Court of Connecticut · 1857
- Ward v. ZborowskiAppellate Terms of the Supreme Court of New York · 1900