Gillies Agency, Inc. v. Filor

Appellate Division of the Supreme Court of New York

Gillies Agency, Inc. v. Filor

41 A.D.2d 566, 340 N.Y.S.2d 386, 1973 N.Y. App. Div. LEXIS 5229

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

DecidedJanuary 29, 1973

StatusPublished

This text of 41 A.D.2d 566 (Gillies Agency, Inc. v. Filor) 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

Gillies Agency, Inc. v. Filor, 41 A.D.2d 566, 340 N.Y.S.2d 386, 1973 N.Y. App. Div. LEXIS 5229 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action inter alla to recover a brokerage commission upon a sale of real property, defendant Filor appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Rockland County, entered June 28, 1972, as is against her and in favor of plaintiff, after a non jury trial. Judgment affirmed insofar as appealed from, with costs. No opinion. Munder, Acting P. J., Martuscello, Gulotta and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse and to dismiss the complaint, with the following memorandum: I respectfully dissent. While this property was listed with plaintiff, as well as with a broker who was ultimately recognized, it is quite clear that no meeting of the minds occurred as a result of the activities of plaintiff and that defendant had the right to negotiate with other brokers and to sell the property through them. In addition, the record fails to disclose any conspiracy to deprive plaintiff of earned commissions.

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In an action inter alla to recover a brokerage commission upon a sale of real property, defendant Filor appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Rockland County, entered June 28, 1972, as is against her and in favor of plaintiff, after a non jury trial. Judgment affirmed insofar as appealed from, with costs. No opinion. Munder, Acting P. J., Martuscello, Gulotta and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse and to dismiss the complaint, with the following memorandum: I respectfully dissent. While this property was listed with plaintiff, as well as with a broker who was ultimately recognized, it is quite clear that no meeting of the minds occurred as a result of the activities of plaintiff and that defendant had the right to negotiate with other brokers and to sell the property through them. In addition, the record fails to disclose any conspiracy to deprive plaintiff of earned commissions.

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Bluebook (online)

41 A.D.2d 566, 340 N.Y.S.2d 386, 1973 N.Y. App. Div. LEXIS 5229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillies-agency-inc-v-filor-nyappdiv-1973.