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NYE AGENCY, INC. v. NEWMAN

15 A.D.2d 728 (1962)

Nye Agency, Incorporated, Appellant v. Reginald B. Newman et al., Respondents

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

January 10, 1962

Judgment affirmed, with costs.

All concur, except Halpern, J., who dissents and votes for reversal and a new trial in the following memorandum:

This is an action by a real estate broker to recover real estate commissions for the sale of the defendants' residence to a customer procured by the broker. The complaint referred to the action as one in quantum meruit but the bill of particulars stated that the claim was for real estate commissions...

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