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  5. 47 N.Y.2d 995 (1979)
 

GURNEY, BECKER & BOURNE, INC. v. BENDERSON DEV. CO., INC.

47 N.Y.2d 995 (1979)

Gurney, Becker & Bourne, Inc., Respondent, v. Benderson Development Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1979.

Attorney(s) appearing for the Case

Robert S. Weinstein for appellant.

Richard F. Griffin, Courtland R. La Vallee and Harry F. Mooney for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

In this action commenced by plaintiff, a licensed real estate broker, for commissions due when a tenant exercised its renewal option, it was error for the trial court to submit this case to the jury as an action based on an account stated. The rule that an account which has been rendered and to which no objection...

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