SCHWARTZ v. FELTON


138 A.D.2d 478 (1988)

Jerry M. Schwartz, Respondent-Appellant, v. Murray B. Felton et al., as Executors of Sigmund Sommer, Deceased, Appellants-Respondents, and Sutton & Towne Suburban, Inc., Respondent. (Action No. 1.) Jerry M. Schwartz, Respondent-Appellant, v. Sutton & Towne, Inc., et al., Defendants; William Weinbaum, Respondent, and Murray B. Felton et al., as Executors of Sigmund Sommer, Deceased, Appellants-Respondents. (Action No. 2.)

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

March 14, 1988


Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, for reasons stated by Justice Velsor in his memorandum decision in the Supreme Court, Nassau County.

We note our agreement with Supreme Court's finding that the plaintiff and Sutton & Towne Suburban, Inc. (hereinafter Suburban) are precluded under the terms of the brokerage commission agreement from recovering...

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