Murray Adler Realty Co. v. Benerofe

Appellate Division of the Supreme Court of New York

Murray Adler Realty Co. v. Benerofe

42 A.D.2d 715, 345 N.Y.S.2d 1023, 1973 N.Y. App. Div. LEXIS 3946

Appellate Division of the Supreme Court of the State of New York·Decided July 2, 1973·Published·Cited by 3 cases

Opinion

In an action to recover a brokerage commission, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated September 22, 1972, as denied his cross motion for summary judgment. Order reversed insofar as appealed from, on the law, with $20 costs and disbursements, cross motion granted and complaint dismissed. In our view, no genuine .triable issues of fact exist which preclude the granting of defendant’s cross motion (CPLR 3212, subd. [b]). No meeting of the minds of the parties with respect to all the essential contract terms was ever reached and hence plaintiff is not entitled, to a brokerage commission (Sibbald v. Bethlehem Iron Co., 83 N. Y. 378, 382; Kaelin v. Warner, 27 N Y 2d 352; Matter of Attn, 274 App. Div. 894, affd. 300 N. Y. 607). Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

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In an action to recover a brokerage commission, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated September 22, 1972, as denied his cross motion for summary judgment. Order reversed insofar as appealed from, on the law, with $20 costs and disbursements, cross motion granted and complaint dismissed. In our view, no genuine .triable issues of fact exist which preclude the granting of defendant’s cross motion (CPLR 3212, subd. [b]). No meeting of the minds of the parties with respect to all the essential contract terms was ever reached and hence plaintiff is not entitled, to a brokerage commission (Sibbald v. Bethlehem Iron Co., 83 N. Y. 378, 382; Kaelin v. Warner, 27 N Y 2d 352; Matter of Attn, 274 App. Div. 894, affd. 300 N. Y. 607). Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

Murray Adler Realty Co. v. Benerofe, 42 A.D.2d 715, 345 N.Y.S.2d 1023, 1973 N.Y. App. Div. LEXIS 3946 (N.Y. Ct. App. 1973).

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42 A.D.2d 715 (Murray Adler Realty Co. v. Benerofe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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