GERARD, INC. v. FISHER


64 Misc.2d 291 (1970)

Maxine Gerard, Inc., Plaintiff, v. John A. Fisher, Defendant.

Supreme Court, Special Term, New York County.

September 14, 1970


Attorney(s) appearing for the Case

Brady, Tarpey & Joyce (Ira H. Leibowitz and John J. Palmeri of counsel), for plaintiff. Joseph P. Allen for defendant.


VINCENT A. LUPIANO, J.

Plaintiff moves for summary judgment in this action for declaratory judgment. Defendant crossmoves for judgment declaring rights and relations in his favor or, in the alternative, for an order of preclusion.

At the request of the owner, plaintiff, a real estate broker, listed and sold a condominium unit. The owner was represented by the defendant. Contract of sale was executed April 15, 1969 providing for payment of commissions...

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