THOENS v. KENNEDY REALTY CORP.


279 A.D. 216 (1951)

Harry Thoens, Doing Business Under the Name of Harry Thoens Co., Respondent, v. J. A. Kennedy Realty Corp., Appellant

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

December 18, 1951.


Attorney(s) appearing for the Case

J. Howard Carter of counsel (Stuart N. Updike and James E. Denning with him on the brief; Townley, Updike & Carter, attorneys), for appellant.

Monroe Goldwater of counsel (Milton Small and Robert Conrad with him on the brief; Goldwater & Flynn, attorneys), for respondent.

CALLAHAN and VAN VOORHIS, JJ., concur with DORE, J. P.; COHN, J., concurs in result in an opinion; SHIENTAG, J., dissents in part in an opinion.


DORE, J. P.

Plaintiff, conducting a real estate brokerage business, sues defendant, lessee of improved real property in Jamaica, Long Island, N. Y., for brokerage commissions claimed to be due plaintiff from defendant because plaintiff at defendant's request procured an oral meeting of the minds of the parties involved on all essential terms of a proposed sublease of the property and thereafter defendant arbitrarily...

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