Douglas v. G. L. F. Farm Supplies, Division of Cooperative Grange League Federation, Inc.

Appellate Division of the Supreme Court of New York

Douglas v. G. L. F. Farm Supplies, Division of Cooperative Grange League Federation, Inc.

282 A.D. 1017, 126 N.Y.S.2d 272

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1953

StatusPublished

This text of 282 A.D. 1017 (Douglas v. G. L. F. Farm Supplies, Division of Cooperative Grange League Federation, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Douglas v. G. L. F. Farm Supplies, Division of Cooperative Grange League Federation, Inc., 282 A.D. 1017, 126 N.Y.S.2d 272 (N.Y. Ct. App. 1953).

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Opinions

Appeal from an order of the Supreme Court at Special Term, entered March 26, 1953, in New York County, which denied a motion by defendant for summary judgment dismissing the complaint under rule 113 of the Rules of Civil Practice.

[1018]*1018Memorandum by the Court. On the affidavits, giving plaintiff the most favorable view thereof, he does not establish that he was the procuring cause of the sale of the oil storage facilities.. He admitted in writing that he could not effect the sale on the authorized terms and implied that he would continue his efforts to learn the reasons for the eventual customer’s disinclination to purchase. Plaintiff’s affidavits are likewise insufficient in failing to aver evidentiary facts. He describes his conversations as being with “ Gulf ”, referring to a huge corporation, failing to specify the persons with whom he claims to have spoken. Moreover, assuming that plaintiff established a completed brokerage, which he did not, the documents of retainer relate to a transaction involving the subleasing of “ storage ”, and specify five stationary oil tanks of the capacity of 325,000 barrels, and therefore are concerned with real property or an interest therein. Plaintiff does not negate this except by .way of argumentative conclusions. Accordingly, to be entitled to recover plaintiff must have alleged and proven that he was licensed-as a real estate broker or real estate salesman. This he did not do.

Order denying defendant’s motion for summary judgment reversed and motion granted, with costs.

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Appeal from an order of the Supreme Court at Special Term, entered March 26, 1953, in New York County, which denied a motion by defendant for summary judgment dismissing the complaint under rule 113 of the Rules of Civil Practice.

[1018]*1018Memorandum by the Court. On the affidavits, giving plaintiff the most favorable view thereof, he does not establish that he was the procuring cause of the sale of the oil storage facilities.. He admitted in writing that he could not effect the sale on the authorized terms and implied that he would continue his efforts to learn the reasons for the eventual customer’s disinclination to purchase. Plaintiff’s affidavits are likewise insufficient in failing to aver evidentiary facts. He describes his conversations as being with “ Gulf ”, referring to a huge corporation, failing to specify the persons with whom he claims to have spoken. Moreover, assuming that plaintiff established a completed brokerage, which he did not, the documents of retainer relate to a transaction involving the subleasing of “ storage ”, and specify five stationary oil tanks of the capacity of 325,000 barrels, and therefore are concerned with real property or an interest therein. Plaintiff does not negate this except by .way of argumentative conclusions. Accordingly, to be entitled to recover plaintiff must have alleged and proven that he was licensed-as a real estate broker or real estate salesman. This he did not do.

Order denying defendant’s motion for summary judgment reversed and motion granted, with costs.

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Bluebook (online)

282 A.D. 1017, 126 N.Y.S.2d 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-v-g-l-f-farm-supplies-division-of-cooperative-grange-league-nyappdiv-1953.