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WEISNER v. 791 PARK AVE. CORP.

6 N.Y.2d 426 (1959)

Sidney Weisner, Respondent, v. 791 Park Avenue Corporation et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Ben A. Matthews and Walter E. Warner for Adrienne M. Gilbert, appellant.

Stephen S. Bernstein, Alvin J. Burnett and James H. Powell for 791 Park Avenue Corporation, appellant.

Harold L. Herrick and Edward G. McLaughlin for Tenant-Owned Apartment Association, Inc., amicus curiæ, in support of appellants' position.

Copal Mintz for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and FROESSEL concur with Judge BURKE; Judge VAN VOORHIS dissents and votes to affirm.

BURKE, J.

Plaintiff instituted this action for specific performance of a written contract negotiated by a real estate broker and entered into between plaintiff and defendant Gilbert, providing for the sale of 330 shares of stock of the defendant 791 Park Avenue Corporation, and for the assignment to plaintiff of a proprietary lease of an apartment at 791 Park Avenue, New York City. By an order to show cause served...

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