FINNEGAN & DI ZEREGA v. BANK OF NEW YORK


277 A.D. 562 (1950)

Finnegan & Di Zerega, Inc., Respondent, v. Bank of New York and Fifth Avenue Bank, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1950.


Attorney(s) appearing for the Case

George W. Martin of counsel (Emmet, Marvin & Martin, attorneys), for appellant.

Harold J. Treanor of counsel (Kenneth E. McLaughlin with him on the brief; Cox & Treanor, attorneys), for respondent.

PECK, P. J., GLENNON, DORE and SHIENTAG, JJ., concur.


VAN VOORHIS, J.

Plaintiff has received $16,010 (without prejudice to its claim herein) by way of brokerage commissions for procuring a purchaser to whom real property in Brooklyn has been transferred by defendant. The purchase offer was presented to defendant in a letter, in which the amount of commissions to be paid to the broker was prescribed as follows: "This offer is made subject to a brokerage commission...

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