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GRACE v. DRY DOCK SAV. BANK

3 A.D.2d 556 (1957)

George Grace, Appellant-Respondent, v. Dry Dock Savings Bank, Defendant and Interpleading Plaintiff. Knolls Cooperative Section No. 2, Inc., Interpleaded Defendant-Respondent-Appellant

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

May 14, 1957.

Attorney(s) appearing for the Case

Hyman Fried (Abbie Goldstein with him on the brief), for appellant-respondent.

Eugene J. Morris of counsel (A. Carleton Dukess with him on brief; Demov & Morris, attorneys), for interpleaded defendant-respondent-appellant.

PECK, P. J., BOTEIN, FRANK and VALENTE, JJ., concur.

RABIN, J.

The complaint herein is for brokerage commissions allegedly due pursuant to contract. Grace (the plaintiff), Dry Dock Savings Bank (the defendant and interpleading plaintiff), and the Knolls Cooperative Section No. 2, Inc. (the interpleaded defendant) specified by written agreement that plaintiff "is the only party in the capacity of broker or otherwise who has negotiated for the placing of" a mortgage...

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