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KAELIN v. WARNER

34 A.D.2d 566 (1970)

James A. Kaelin, Respondent, v. Wilmot H. Warner et al., Appellants

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

March 25, 1970

Judgment affirmed, with costs.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and dismiss the complaint, with the following memorandum:

This is an action to recover brokerage commissions on the sale of defendants' farm located in the Town of Riverhead. The proposed contract was mailed by the attorney for the sellers, Mr. Saxstien, on July 3, 1965 to Mrs. Appleby, the would-be purchaser. However, after protracted negotiations...

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