SPITZER v. LONDA REALTY CORP.


16 Misc.2d 245 (1958)

Victor Spitzer, Plaintiff, v. Londa Realty Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

October 29, 1958.


Attorney(s) appearing for the Case

Pfeiffer & Crames (Alexander Pfeiffer and Boris S. Berkovitch of counsel), for Albert Etingin and others, defendants.

Hetkin, Jervis & Hetkin for Londa Realty Corp., defendant.

Netter & Netter (Jesse R. Bacharach of counsel), for plaintiff.


VINCENT A. LUPIANO, J.

Plaintiff sues to recover brokerage commissions. He sues the seller, the buyer, the substituted broker and the corporation taking title on behalf of the real buyers, including the purported substituted broker. All defendants save the seller move for dismissal pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice.

Conspiracy to breach its own contract cannot be charged...

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