BURKARD v. MIDVALE ESTATES


41 Misc.2d 504 (1963)

Andrew A. Burkard, Respondent, v. Midvale Estates, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

December 5, 1963


Attorney(s) appearing for the Case

Wilkins & Miller for appellant. Waldman & Schuh for respondent.

MARGETT, J., concurs with HART, J.; McDONALD, J., dissents and votes to affirm in a separate opinion.


WALTER R. HART, J.

Plaintiff, a real estate broker, has recovered judgment in the court below in an action for commissions. The complaint therein alleges that defendant employed plaintiff to sell certain property for it and agreed to pay a 5% commission; plaintiff procured Rosen and Pirozzi, a copartnership who were ready, willing and able to purchase the premises on terms agreeable to defendant; that defendant...

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