CLANCY v. TANSLEY


285 A.D. 1016 (1955)

Ina M. Clancy, Appellant, v. Rita P. Tansley, Individually and as Executrix of Arthur E. Bettner, Deceased, Respondent

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

March 23, 1955.


Judgment reversed, on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

The plaintiff seeks a recovery for real estate commissions to which she claims she is entitled by virtue of a contract between the parties. The contract specified by its terms that the listing was under the "Multiple Listing Service Plan" of the Real Estate Board of Rochester, Inc. It was error, therefore, to exclude the rules governing...

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