Legal Opinion

Kohen v. Kieley

Appellate Terms of the Supreme Court of New York

Decided November 10, 1911Published

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

  1. Barney v. FullerNew York Court of Appeals · 1892
  2. Barney v. . FullerNew York Court of Appeals · 1892
  3. Byrne v. John Gillies Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Donovan v. HarrimanAppellate Division of the Supreme Court of the State of New York · 1910

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