Houlihan Parnes Realtors v. Gazivoda

New York Court of Appeals

Houlihan Parnes Realtors v. Gazivoda

468 N.E.2d 705, 63 N.Y.2d 657, 479 N.Y.S.2d 523, 1984 N.Y. LEXIS 4518

CourtNew York Court of Appeals

DecidedJuly 5, 1984

StatusPublished

Cited by1 cases

This text of 468 N.E.2d 705 (Houlihan Parnes Realtors v. Gazivoda) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Houlihan Parnes Realtors v. Gazivoda, 468 N.E.2d 705, 63 N.Y.2d 657, 479 N.Y.S.2d 523, 1984 N.Y. LEXIS 4518 (N.Y. 1984).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPLR 5613) and other issues not reached by that court. The proof adduced by plaintiff was legally sufficient to support the jury’s verdict awarding recovery by plaintiff of the broker’s commission for which the action was brought. There remains to be determined, however, defendant’s claim of errors in the trial court’s instructions to the jury, as to some of which at least, no sufficient objection was made at trial.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPLR 5613) and other issues not reached by that court. The proof adduced by plaintiff was legally sufficient to support the jury’s verdict awarding recovery by plaintiff of the broker’s commission for which the action was brought. There remains to be determined, however, defendant’s claim of errors in the trial court’s instructions to the jury, as to some of which at least, no sufficient objection was made at trial.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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Bluebook (online)

468 N.E.2d 705, 63 N.Y.2d 657, 479 N.Y.S.2d 523, 1984 N.Y. LEXIS 4518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houlihan-parnes-realtors-v-gazivoda-ny-1984.

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