Tanenbaum v. Boehm
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Abraham Boehm and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 16th day of December, 1908, upon the verdict of a jury rendered by direction of the court, and also- from an .order bearing date the 4th ■ day of January, 1909, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes, in an action brought to…
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Appeal by the defendants, Abraham Boehm and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 16th day of December, 1908, upon the verdict of a jury rendered by direction of the court, and also- from an .order bearing date the 4th ■ day of January, 1909, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes, in an action brought to recover real estate broker’s commissions. .
1Opinion of the Court
Clarke, J. :
This is the second trial of this action. Upon the first trial both, sides, at the close of the case, moved for the direction of a verdict. The court said: “ I will grant the motion of the defendants dismissing the complaint on the merits.” Upon appeal (126 App. Div. 731) we considered the case as if the court had directed a verdict for the defendants, reversed the judgment and ordered a new trial. In our opinion we examined the facts and finding that there' was no dispute of what had occurred up to the close of the interview between the owners, the proposed tenant, the brokers and…
2Cases cited1 opinion
- Tanenbaum v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908