O 'Connor-Sullivan, Inc. v. Otto

This is an action for real estate broker’s commissions with a counterclaim for the return of a down payment which the broker held on account of its claimed commission. This court denied plaintiff’s motion for summary judgment, holding that the pleadings raised issues which should be tried. *273The Appellate Division, Third Department, affirmed the decision of this court and in an opinion expressed views as to the issues that should be determined by the jury. This court took cognizance of the opinion of the Appellate Division in the conduct of the trial and especially in the charge to the jury,…