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MAC QUEEN REALTY v. EMMI

58 Misc.2d 54 (1968)

Mac Queen Realty Co., Inc., Plaintiff, v. Anthony Emmi et al., Defendants and Interpleading Plaintiffs; Daniel H. Owen, Interpleaded Defendant.

Supreme Court, Special Term, Monroe County.

September 3, 1968

Attorney(s) appearing for the Case

Paul T. Rubery and Peter M. Blauvelt for plaintiff. Aloi, Grasso, Vecchio & Furtch for defendants and interpleading plaintiffs. Johnson, Reif & Mullan for interpleaded defendant.

CARROLLTON A. ROBERTS, J.

This is a motion for discharge of an alleged stakeholder in a dispute over payment of a real estate broker's commission earned by reason of the execution of a lease. The defendants who for the sake of brevity will be referred to as "Emmi" entered into a commission agreement with Mac Queen Realty on or about the 19th day of October, 1965. In consideration of the execution of a leasing agreement, Emmi agreed to pay a total commission...

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