ROSENBERG v. REFCO FACILITIES CORP.


59 Misc.2d 25 (1969)

Joseph L. Rosenberg, Plaintiff, v. Refco Facilities Corp. et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

February 14, 1969


Attorney(s) appearing for the Case

Edward Potter for plaintiff. Kosofsky, Cohn & Haber (Eli Saul Cohn of counsel), for Refco Facilities Corp., defendant. Gainsburg, Gottlieb, Levitan & Cole (James R. Miller of counsel), for Louis Kellner, defendant.


JOSEPH A. MACCHIA, J.

This is an action brought to recover brokerage commissions. The agreement provided that a commission of $5,000 would be payable if two conditions occurred: first, that pending litigation be determined in favor of defendant, and, second, that defendant be permitted to construct a multiple dwelling "in accordance with plans submitted." As there was a favorable determination of the lawsuit...

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