Pollatschek v. Larner

Appellate Terms of the Supreme Court of New York

Pollatschek v. Larner

112 N.Y.S. 1024

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 24, 1908

StatusPublished

This text of 112 N.Y.S. 1024 (Pollatschek v. Larner) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pollatschek v. Larner, 112 N.Y.S. 1024 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

While the testimony of the parties conflicted herein as to the plaintiff being the procuring cause of the sale of defendant’s house at No. 27 Morningside avenue, this city, the testimony of the disinterested purchaser, unimpeached, that the plaintiff first mentioned the house to her, showed it, and induced her to buy it, quite turned the balance in favor of the plaintiff, and the judgment in this action to recover commissions rendered in favor of the defendant was so against the preponderance of evidence that the cause should be retried.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

While the testimony of the parties conflicted herein as to the plaintiff being the procuring cause of the sale of defendant’s house at No. 27 Morningside avenue, this city, the testimony of the disinterested purchaser, unimpeached, that the plaintiff first mentioned the house to her, showed it, and induced her to buy it, quite turned the balance in favor of the plaintiff, and the judgment in this action to recover commissions rendered in favor of the defendant was so against the preponderance of evidence that the cause should be retried.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

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Bluebook (online)

112 N.Y.S. 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollatschek-v-larner-nyappterm-1908.