Kohen v. Kieley
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eirst District. Action by Celia ICohen against Timothy Kieley. From a Municipal Court judgment in favor of defendant, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtCohalan, J.
The plaintiff sued upon a special agreement, alleging that the defendant promised to pay her $100 for services rendered as a broker in leasing premises owned by the defendant. The defendant set up a special agreement, averring that for her services in leasing his property he agreed to pay her a percentage, based upon the receipts from the property; the property consisting of a hotel, which had been leased upon a percentage, to be derived from the gross receipts.
[1] Upon the trial the plaintiff sought to amend her complaint, by setting up, in addition to the special agreement, a claim for the…
2Cases cited4 opinions
- Barney v. FullerNew York Court of Appeals · 1892
- Barney v. . FullerNew York Court of Appeals · 1892
- Byrne v. John Gillies Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Donovan v. HarrimanAppellate Division of the Supreme Court of the State of New York · 1910