Legal Opinion
Fanning v. Maggi
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1953PublishedCited by 3 opinions
1Opinion of the Court
In an action for brokerage commissions, defendant Maggi appeals from a judgment insofar as it is against him and in favor of plaintiff and from so much of an order as denies his motion to set aside the verdict, for a dismissal of the complaint or for a new trial. Judgment and order insofar as appealed from, unanimously affirmed, with costs. The judgment is supported by the proof, and any variance between the pleading and the proof may be disregarded as immaterial. (Civ. Prac. Act, § 434; cf. Thorne Neale & Go. v. New York So. Coal Term. Gorp., 270 App. Div. 816, affd. 295 N. Y. 977, and…
2Cases cited3 opinions
- Thorne Neale & Co. v. New York Southern Coal Terminal Corp.Appellate Division of the Supreme Court of the State of New York · 1946
- Thorne Neale & Co. v. New York Southern Coal Terminal Corp.New York Court of Appeals · 1946
- Slotnick v. KleinAppellate Division of the Supreme Court of the State of New York · 1952
3Cited by3 opinions
- Falk v. KrummNew York Supreme Court · 1963
- Falk v. KrummAppellate Division of the Supreme Court of the State of New York · 1964
- Gaylen MacHinery Corporation v. Pitman-Moore CompanyCourt of Appeals for the Second Circuit · 1959