WHITE & SONS v. SCOTT


14 A.D.2d 307 (1961)

William A. White & Sons, Respondent, v. Seymour Scott, Individually and as Trustee, et al., Appellants, et al., Defendant

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

October 24, 1961.


Attorney(s) appearing for the Case

Daniel Cohen of counsel (Irving Moldauer, attorney), for appellants.

Clarence S. Barasch for respondent.

BOTEIN, P. J., and EAGER, J., concur with RABIN, J.; BREITEL, J., dissents in opinion in which NOONAN, J., concurs.


RABIN, J.

The plaintiff, a real estate broker, brings this action to recover brokerage fees allegedly earned by his procurement of a buyer ready, willing and able to purchase certain real property forming part of a trust estate. The complaint names as defendants one Seymour Scott, both as an individual and as a trustee of the trust involved (it did not name the cotrustee), and one Martin Gettinger, a representative...

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