Baird v. Bardis

Two judgments of the Supreme Court, Nassau County, dated May 1, 1968 and May 8, 1968, respectively, reversed, on the law, and new trial granted, with costs to abide the event. The findings of fact below have not been affirmed. In our opinion, there was conflicting evidence as to the rate of plaintiff’s commission and the scope of her agency. The issues thereon should have been submitted to the jury. Further, there was error in the refusal to charge the jury that, under an open listing, the owner had the right to personally negotiate a sale with a purchaser other than the broker’s prospect. On…