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WARNECKE v. COUNTRYWIDE REALTY

29 A.D.2d 54 (1967)

George W. Warnecke, Respondent, v. Countrywide Realty, Inc., Appellant

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

December 12, 1967.

Attorney(s) appearing for the Case

Jesse Climenko of counsel (Sheldon D. Camhy and Samuel J. Gilbert with him on the brief; Shea Gallop Climenko & Gould, attorneys), for appellant.

Emile Z. Berman of counsel (George W. McGrath, Jr., Marvin V. Ausubel and William J. Allingham with him on the brief; Sage Gray Todd & Sims, attorneys), for respondent.

EAGER and RABIN, JJ., concur with BOTEIN, P. J.; McGIVERN, J., dissents and votes to affirm in opinion, in which CAPOZZOLI, J., concurs.

BOTEIN, P. J.

In this action to recover brokerage commissions and fees, defendant appeals from a judgment entered in favor of plaintiff on January 4, 1967, after trial without a jury.

Plaintiff is a real estate broker who for several decades had been the exclusive mortgage correspondent in New York City for the Travelers Insurance Company of Hartford, Connecticut. As such, he testified, it was his "duty...

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