Freedman v. Montague Associates, Inc.

Appellate Division of the Supreme Court of New York

Freedman v. Montague Associates, Inc.

9 A.D.2d 936, 195 N.Y.S.2d 392, 1959 N.Y. App. Div. LEXIS 5346

Appellate Division of the Supreme Court of the State of New York·Decided December 29, 1959·Published·Cited by 1 cases

Opinion

In an action to recover brokerage commissions, the appeal is from an order granting a motion for summary judgment dismissing the supplemental complaint, and from the judgment entered thereon. Order and judgment reversed, with one bill of $10 costs and disbursements, and motion denied. In our opinion, the record, presents questions of fact which should be resolved [937]*937after trial. Nolan, P. J., Ughetta and Kleinfeld, JJ., concur; Hallinan, J., dissents and votes to affirm the order and judgment for the reasons stated by the learned Justice at the Special Term. Murphy, J., deceased. [18 Misc 2d 1.]

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In an action to recover brokerage commissions, the appeal is from an order granting a motion for summary judgment dismissing the supplemental complaint, and from the judgment entered thereon. Order and judgment reversed, with one bill of $10 costs and disbursements, and motion denied. In our opinion, the record, presents questions of fact which should be resolved [937]*937after trial. Nolan, P. J., Ughetta and Kleinfeld, JJ., concur; Hallinan, J., dissents and votes to affirm the order and judgment for the reasons stated by the learned Justice at the Special Term. Murphy, J., deceased. [18 Misc 2d 1.]

Freedman v. Montague Associates, Inc., 9 A.D.2d 936, 195 N.Y.S.2d 392, 1959 N.Y. App. Div. LEXIS 5346 (N.Y. Ct. App. 1959).

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Opinion

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