ELLIMAN & CO. v. STERLING GARAGE


279 A.D. 20 (1951)

Douglas L. Elliman & Co., Inc., Respondent, v. Sterling Garage, Inc., Appellant

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

October 16, 1951.


Attorney(s) appearing for the Case

Philip Robbins of counsel (Adolph S. Ziegler with him on the brief; Robbins & Robbins, attorneys), for appellant.

Clarence S. Barasch of counsel (Alexander Pfeiffer with him on the brief; Pfeiffer & Crames, attorneys), for respondent.

PECK, P. J., and DORE, J., concur with VAN VOORHIS, J.; SHIENTAG, J., dissents in opinion, in which COHN, J., concurs.


VAN VOORHIS, J.

We think that defendant was entitled to summary judgment dismissing the complaint in this action for brokerage commissions, claimed to have been earned through procuring a prospective long-term lessee of real estate. Defendant-appellant is the owner of the real property. Plaintiff was hired by it as broker to obtain a satisfactory lessee prepared to enter into a lease that would be satisfactory...

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