McNally v. 301 Madison Avenue Corp.

Finch, J.:

This is an action by a broker to recover commissions on the making of an alleged lease. The defendant owned certain premises which it desired to sell. In order to facilitate the sale, the defendant sought to lease the premises to a responsible going concern which would occupy the premises under a long lease and would, therefore, make the property available as an investment. The plaintiff claims to have found a lessee ready, able and willing to make such a lease. The substance of the testimony of the plaintiff is as follows: “ Q. Please state to the jury what transpired on September…