225 EAST 19TH ST. CORP. v. SANDS


285 A.D. 400 (1955)

225 East 19th Street Corp., Respondent, v. Kim Sands et al., Appellants

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

February 15, 1955.


Attorney(s) appearing for the Case

Charles H. Birdsall of counsel (Paxton Blair with him on the brief; Charles H. Birdsall, attorney), for appellants.

Barnet S. Blume of counsel (Barnet S. Blume and Rose Lehman Stein, attorneys), for respondent.

CALLAHAN, BREITEL, BOTEIN and RABIN, JJ., concur in Per Curiam opinion; COHN, J. P., dissents and votes to affirm in opinion.


Per Curiam.

The tenants, who are mother and daughter, answered the advertisement of a real estate broker offering an apartment for "professional use". It consisted of a living room, a bedroom and an alcove containing a kitchen and bath. After an inspection, the tenants found the apartment to be satisfactory. The broker then drew an agreement that the tenants were to pay him 10% commissions for finding the apartment...

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