Neuer v. Jaffe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Neuer, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Kings on the 30th day of October, 1916, reversing a judgment of the Municipal Court of the City of New York, borough of Brooklyn, fourth district, and dismissing the complaint upon the merits.
1Per curiam
The action is for broker’s commissions on the sale of realty. The Municipal Court gave judgment for the plaintiff, but the Appellate Term reversed that judgment and dismissed the plaintiff on the merits, in that he did not bring about an agreement or meeting of the minds of the parties to the proposed exchange, saying, “ This is so clearly shown that a new trial could not change the result, the plaintiff having disclosed fully the proofs at his command upon the present trial.
We think that the plaintiff presented a case that did not justify his dismissal upon the merits. The proof adduced by…
2Cases cited3 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wyckoff v. BlissNew York Court of Common Pleas · 1884
- Phillips v. KraftAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Graff v. BilletNew York Court of Appeals · 1985