Mitchell v. Barnes

Appellate Division of the Supreme Court of New York

Mitchell v. Barnes

282 A.D. 965, 125 N.Y.S.2d 922

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

DecidedNovember 30, 1953

StatusPublished

This text of 282 A.D. 965 (Mitchell v. Barnes) 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

Mitchell v. Barnes, 282 A.D. 965, 125 N.Y.S.2d 922 (N.Y. Ct. App. 1953).

Pincite

Opinion

'In an action for broker’s commissions, defendants appeal from an order denying their motion for summary judgment. Order affirmed, with $10 costs and disbursements. Special Term correctly held that respondent is bound by the written agreement as to commissions. If, as respondent contends, she was employed prior to its execution, the written agreement modified the prior employment agreement and was valid. (Personal Property Law, § 33, subd. 2.) Whether respondent’s proposed purchasers were able and willing to perform and performance was prevented by the active conduct of appellants cannot be determined as matter of law on this record. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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'In an action for broker’s commissions, defendants appeal from an order denying their motion for summary judgment. Order affirmed, with $10 costs and disbursements. Special Term correctly held that respondent is bound by the written agreement as to commissions. If, as respondent contends, she was employed prior to its execution, the written agreement modified the prior employment agreement and was valid. (Personal Property Law, § 33, subd. 2.) Whether respondent’s proposed purchasers were able and willing to perform and performance was prevented by the active conduct of appellants cannot be determined as matter of law on this record. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 965, 125 N.Y.S.2d 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-barnes-nyappdiv-1953.