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DAVID VOGEL, INC. v. FRANCKE

15 A.D.2d 908 (1962)

David Vogel, Inc., Respondent, v. Dorothy S. Francke, as Executrix of John S. Sparker, Deceased, et al., Appellants

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

March 27, 1962

Judgment unanimously reversed on the law and the facts and a new trial ordered, with costs to abide the event.

The complaint alleges the employment by defendants of plaintiff as a broker to sell real property at the usual commission; and that the plaintiff procured a purchaser. The complaint pleads that the "customary and usual commissions in the City of New York on a sale of waterfront real property as fixed by the Real Estate Board of New York, Inc. is five per...

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