Saft v. Birnbaum

Appellate Division of the Supreme Court of New York

Saft v. Birnbaum

24 A.D.2d 1072, 265 N.Y.S.2d 840, 1965 N.Y. App. Div. LEXIS 2850

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

DecidedDecember 9, 1965

StatusPublished

This text of 24 A.D.2d 1072 (Saft v. Birnbaum) 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

Saft v. Birnbaum, 24 A.D.2d 1072, 265 N.Y.S.2d 840, 1965 N.Y. App. Div. LEXIS 2850 (N.Y. Ct. App. 1965).

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Opinion

Judgment insofar as appealed from unanimously modified on the law and facts by increasing the amount to be recovered by the plaintiff by the sum of $11,644, with interest thereon from May 1, 1963, and as modified the judgment is, together with the order affirmed, with costs to appellant. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The record establishes that plaintiff’s decedent was the procuring cause of the lease executed between defendants and W. T. Grant Co. In order to be entitled to a commission it was not necessary that the broker participate in all the negotiations between the parties to the lease (Lloyd v. Matthews, 51 N. Y. 124; Busher Co. v. Galbreath-Ruffin Realty Co., 22 A D 2d 879; Salzano v. Pellillo, 4 A D 2d 789). Since the record contains sufficient evidence to require an award of commissions on the Grant lease, and inasmuch as the purported newly discovered evidence did not relate to the Colonial House lease, there was no error in denying the motion to reopen for additional proof or for a new trial. (Appeal from certain parts of a judgment and order of Erie Trial Term denying recovery of commissions for obtaining leases.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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Judgment insofar as appealed from unanimously modified on the law and facts by increasing the amount to be recovered by the plaintiff by the sum of $11,644, with interest thereon from May 1, 1963, and as modified the judgment is, together with the order affirmed, with costs to appellant. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The record establishes that plaintiff’s decedent was the procuring cause of the lease executed between defendants and W. T. Grant Co. In order to be entitled to a commission it was not necessary that the broker participate in all the negotiations between the parties to the lease (Lloyd v. Matthews, 51 N. Y. 124; Busher Co. v. Galbreath-Ruffin Realty Co., 22 A D 2d 879; Salzano v. Pellillo, 4 A D 2d 789). Since the record contains sufficient evidence to require an award of commissions on the Grant lease, and inasmuch as the purported newly discovered evidence did not relate to the Colonial House lease, there was no error in denying the motion to reopen for additional proof or for a new trial. (Appeal from certain parts of a judgment and order of Erie Trial Term denying recovery of commissions for obtaining leases.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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Bluebook (online)

24 A.D.2d 1072, 265 N.Y.S.2d 840, 1965 N.Y. App. Div. LEXIS 2850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saft-v-birnbaum-nyappdiv-1965.

Opinion

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