Fromme v. Lisner
New York Supreme Court
Appeal from special term, Hew York county. Action by Isaac Fromme against Abraham Lisner to recover commissions for the sale of real estate. The court granted an order allowing defendant an inspection of an alleged copy of a contract referred to in the complaint. Plaintiff appeals therefrom.
1Opinion of the CourtVan Brunt, P. J.
The complaint alleges in substance that by an instrument in writing the assignor of the plaintiff was employed to procure a purchaser for certain property, and that therein a certain compensation was promised; that a purchaser was procured and the compensation earned; and that prior to the commencement of the action an assignment of the claim was made, and judgment is prayed for. The defendant, before answer, made a petition asking for an inspection of the agreement. The petition was sworn to by the attorney, and not by the defendant, and simply alleged that the agreement was not set forth in…
2Cited by3 opinions
- Breyer v. BlochAppellate Division of the Supreme Court of the State of New York · 1923
- Aborn v. WaiteNew York Supreme Court · 1900
- Sutter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903