Hardy v. Primex Equities, Inc.

Judgment modified on the law in accordance with the Memorandum herein, and as modified affirmed, without costs. Memorandum: The only error we find in the record was the exclusion of evidence offered by defendant Stein-berg in defense of the fourth cause of action against him alone for unjust enrichment. As to that cause of action Steinberg’s status was similar to that of a broker, trying to prove, as a defense, that he had earned the $25,000 paid him. The law is well settled that, in an action for brokerage commissions, conversations between the broker and the buyer or the seller are…