CUSTEN v. EISENBERG


33 Misc.2d 619 (1962)

Seymour M. Custen, Plaintiff, v. Harry Eisenberg et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 5, 1962


Attorney(s) appearing for the Case

Martin E. Rindsberg for plaintiff. Zimmerman & Popper for defendants.


MARIO PITTONI, J.

This is a motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action.

The complaint is based on a brokerage contract between plaintiff and S. E. P. Realty Corp., and an alleged conspiracy among all defendants to deprive plaintiff of his commissions. It contains two causes, one for the agreed commission and the other for quantum meruit.<...

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