L. A. Clifford Realty, Inc. v. Dudrak

Order unanimously reversed, without costs, and a new trial granted, in accordance with the following memorandum: Plaintiff, L. A. Clifford Realty, Inc., appeals from an order of Supreme Court, Oneida County, which denied its motion for a new trial. Plaintiff sued the defendants for the sum of $4,716 for real estate commissions allegedly due and owing on the sales of a number of properties. The complaint sets forth a single cause of action. At the trial defendant, Richard Dudrak, admitted during his testimony that the defendants owed plaintiff the total sum of $2,500 for all transactions. At…