Obedin v. Olish

Appellate Division of the Supreme Court of New York

Obedin v. Olish

282 A.D. 747, 122 N.Y.S.2d 924, 1953 N.Y. App. Div. LEXIS 4863

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

DecidedJune 29, 1953

StatusPublished

This text of 282 A.D. 747 (Obedin v. Olish) 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

Obedin v. Olish, 282 A.D. 747, 122 N.Y.S.2d 924, 1953 N.Y. App. Div. LEXIS 4863 (N.Y. Ct. App. 1953).

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Opinion

In an action to recover a real estate broker’s commission, order denying appellant’s motion for summary judgment, and granting respondent’s cross motion for leave to serve a bill of particulars, to examine appellant and to add a party plaintiff, affirmed, with $10 costs and disbursements. No opinion. MaeCrate, Schmidt and Beldock, JJ., concur; Adel, Acting P. J., and Wenzel, J., dissent and vote to reverse the order and to grant appellant’s motion for summary judgment and to deny respondent’s motion, with the following memorandum: Against the appellant’s showing on the motion for summary judgment, respondent has failed to set forth evidentiary matter showing that he produced a purchaser ready, willing and able to purchase on the terms described by appellant, or that there was a meeting of the minds between the seller and purchasers on all the essential terms of an agreement of sale and purchase. [See post, p. 875.]

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In an action to recover a real estate broker’s commission, order denying appellant’s motion for summary judgment, and granting respondent’s cross motion for leave to serve a bill of particulars, to examine appellant and to add a party plaintiff, affirmed, with $10 costs and disbursements. No opinion. MaeCrate, Schmidt and Beldock, JJ., concur; Adel, Acting P. J., and Wenzel, J., dissent and vote to reverse the order and to grant appellant’s motion for summary judgment and to deny respondent’s motion, with the following memorandum: Against the appellant’s showing on the motion for summary judgment, respondent has failed to set forth evidentiary matter showing that he produced a purchaser ready, willing and able to purchase on the terms described by appellant, or that there was a meeting of the minds between the seller and purchasers on all the essential terms of an agreement of sale and purchase. [See post, p. 875.]

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Bluebook (online)

282 A.D. 747, 122 N.Y.S.2d 924, 1953 N.Y. App. Div. LEXIS 4863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obedin-v-olish-nyappdiv-1953.