Schwartz v. Frieder

Appellate Division of the Supreme Court of New York

Schwartz v. Frieder

249 A.D. 199, 291 N.Y.S. 836, 1936 N.Y. App. Div. LEXIS 5072

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

DecidedDecember 11, 1936

StatusPublished

Cited by2 cases

This text of 249 A.D. 199 (Schwartz v. Frieder) 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

Schwartz v. Frieder, 249 A.D. 199, 291 N.Y.S. 836, 1936 N.Y. App. Div. LEXIS 5072 (N.Y. Ct. App. 1936).

Pincite

Opinion

Per Curiam.

The order and judgment appealed from were granted because the second defense pleaded was deemed sufficient. It is to the effect that the services rendered by the plaintiff were of such a character as to require him to be possessed of a real estate brokerage license. (Real Prop. Law, § 440-a.) The view thus [200]*200adopted was erroneous. The complaint and papers submitted in opposition to defendants’ motion present an issue as to whether the services were not those of a business broker rather than a real estate broker, within the rule of Weingast v. Rialto Pastry Shop, Inc. (243 N. Y. 113).

It follows, therefore, that the order and judgment should be reversed, with costs, and the motion denied, with ten dollars costs.

Present — Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.

Judgment and order unanimously reversed, with costs, and the motion denied, with ten dollars costs.

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Per Curiam.

The order and judgment appealed from were granted because the second defense pleaded was deemed sufficient. It is to the effect that the services rendered by the plaintiff were of such a character as to require him to be possessed of a real estate brokerage license. (Real Prop. Law, § 440-a.) The view thus [200]*200adopted was erroneous. The complaint and papers submitted in opposition to defendants’ motion present an issue as to whether the services were not those of a business broker rather than a real estate broker, within the rule of Weingast v. Rialto Pastry Shop, Inc. (243 N. Y. 113).

It follows, therefore, that the order and judgment should be reversed, with costs, and the motion denied, with ten dollars costs.

Present — Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.

Judgment and order unanimously reversed, with costs, and the motion denied, with ten dollars costs.

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Bluebook (online)

249 A.D. 199, 291 N.Y.S. 836, 1936 N.Y. App. Div. LEXIS 5072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-frieder-nyappdiv-1936.

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