O'CONNOR-SULLIVAN v. OTTO


207 Misc. 272 (1955)

O'Connor-Sullivan, Inc., Plaintiff, v. Earl Otto, Defendant.

County Court, Albany County.

February 17, 1955.


Attorney(s) appearing for the Case

Meyer A. Jeneroff and Bernard Ellenbogen for plaintiff.

Milton B. Knox and David S. Williams for defendant.


SCHENCK, J.

This is an action for real estate broker's commissions with a counterclaim for the return of a down payment which the broker held on account of its claimed commission. This court denied plaintiff's motion for summary judgment, holding that the pleadings raised issues which should be tried. The Appellate Division, Third Department, affirmed the decision of this court and in an opinion expressed views...

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