Einhorn v. P. Derby & Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Moses Einhorn against P. Derby & Co. From a judgment dismissing the action at the close of plaintiff’s case, he appeals. Reversed and remanded.
1Opinion of the CourtLehman, J.
Plaintiff sues for services which he claims he rendered in procuring a person ready, willing, and able to enter into a lease of certain premises upon terms agreed upon by the defendant.
[1, 2] The action is the usual one for broker’s commissions, and requires proof of the same elements which must be proven in other actions for services rendered, viz., employment and performance of the service. The plaintiff has had two trials. At the first trial he was successful, but upon appeal this court reversed the judgment in an opinion written by myself (128 N. Y. Supp. 659), holding that there was no…
2Cases cited1 opinion
- Einhorn v. P. Derby & Co.Appellate Terms of the Supreme Court of New York · 1911