McNAMARA REALTY, INC. v. PONZILLO


19 A.D.2d 570 (1963)

McNamara Realty, Inc., Respondent, v. John Ponzillo, Appellant

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

May 7, 1963


Plaintiff sought to recover real estate broker's commissions upon a complaint which alleged an express contract between the plaintiff and the defendant whereby the defendant agreed to pay a 10% commission for the sale of business property owned by the defendant for the sum of $54,500, and demanded judgment for $5,450. The complaint as amended alleged a consummation of such a sale on or about July 5, 1961. There is no evidence whatever in the record to sustain the allegations...

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