PEASE & ELLIMAN v. 926 PARK AVE. CORP.


23 A.D.2d 361 (1965)

Pease & Elliman, Inc., Respondent, v. 926 Park Avenue Corp., Appellant

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

June 24, 1965.


Attorney(s) appearing for the Case

Jacob W. Friedman of counsel (Max Goldberg with him on the brief), for appellant.

Clarence S. Barasch for respondent.

BREITEL, J. P., RABIN, STEVENS and EAGER, JJ., concur.


McNALLY, J.

Defendant appeals from a judgment in the sum of $23,130.38 in favor of plaintiff on the first and third causes of action and severing and continuing the second cause of action.

Appellant's brief tenders as the sole question on this appeal the propriety of the award of summary judgment despite the severance of the second cause of action and the counterclaim thereto in excess of the plaintiff's claims against the defendant.

The...

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