GOODMAN-MARKS v. WESTBURY


70 A.D.2d 145 (1979)

Goodman-Marks Associates, Inc., Appellant, v. Westbury Post Associates et al., Defendants, and Paul Schmergel, Respondent

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

September 4, 1979


Attorney(s) appearing for the Case

Santemma, Costigan & Murphy, P. C. (George B. Costigan, Jr., of counsel), for appellant.

Wien, Lane & Malkin (Robert C. Buff of counsel), for respondent.

DAMIANI, J. P., RABIN and GULOTTA, JJ., concur; COHALAN, J., dissents and votes to affirm the judgment insofar as appealed from on the opinion of Mr. Justice NIEHOFF at Special Term.


Per Curiam.

In this action to recover the balance of a brokerage commission alleged to be due and owing, plaintiff appeals from so much of a judgment as dismissed his first cause of action against defendant Paul Schmergel, after a nonjury trial.

For the reasons that follow, the judgment should be reversed insofar as appealed from, plaintiff should be awarded judgment against said defendant on the first cause...

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