Sutton v. East River Savings Bank

55 N.Y.2d 550 (1982)

Albert L. Sutton, as Executor of Leon A. Sutton, Deceased, Respondent,

v.

East River Savings Bank, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Argued March 25, 1982.

Decided May 11, 1982.

Edward F. Gentner, Jr., for appellant.

Philip A. Mittleman and Benedict Ginsberg for respondent.

Chief Judge COOKE and Judges GABRIELLI and JONES concur with Judge FUCHSBERG; Judge MEYER dissents and votes to reverse in a separate opinion in which Judges JASEN and WACHTLER concur.

FUCHSBERG, J.

In an action to recover a real estate brokerage commission, defendant East…