Baumeister v. Durham Realty Corp.

Plaintiffs have recovered for brokerage commissions in effecting a sale of defendant’s property. Their evidence established prima facie the necessary elements of their cause of action, and were it not for prejudicial error committed upon the trial we would not be inclined to interfere with the judgment in their favor.

The deposition of a non-resident witness taken before trial within this State, pursuant to section 288 of the Civil Practice Act, was offered and received on behalf of the plaintiffs without preliminary proof having been made that the witness was not then within the State of- New…