MURRAY ADLER REALTY CO., INC. v. BENEROFE


42 A.D.2d 715 (1973)

Murray Adler Realty Co., Inc., Respondent, v. Alvin Benerofe, Appellant

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

July 2, 1973


Order reversed insofar as appealed from, on the law, with $20 costs and disbursements, cross motion granted and complaint dismissed.

In our view, no genuine triable issues of fact exist which preclude the granting of defendant's cross motion (CPLR 3212, subd. [b]). No meeting of the minds of the parties with respect to all the essential contract terms was ever reached and hence plaintiff is not entitled to a brokerage commission (Sibbald v. Bethlehem Iron Co.<...

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