Tribune Assistance Corp. v. Nevins Warehouse & Trucking Corp.

Appellate Division of the Supreme Court of New York

Tribune Assistance Corp. v. Nevins Warehouse & Trucking Corp.

54 A.D.2d 930, 388 N.Y.S.2d 315, 1976 N.Y. App. Div. LEXIS 14785

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

DecidedNovember 8, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 930 (Tribune Assistance Corp. v. Nevins Warehouse & Trucking Corp.) 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

Tribune Assistance Corp. v. Nevins Warehouse & Trucking Corp., 54 A.D.2d 930, 388 N.Y.S.2d 315, 1976 N.Y. App. Div. LEXIS 14785 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action to recover brokerage commissions, plaintiff appeals (by permission) from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated April 6, 1976, which reversed a judgment of the Justice Court, Village of Larchmont, Westchester County, dated June 2, 1975, which, after a nonjury trial, was in favor of it and against defendant. Order affirmed, with costs. The evidence is insufficient to show that respondent and the prospective lessee agreed to the terms of a lease. Accordingly, since no agreement was reached, the broker’s commission was not earned (see Kaelin v Warner, 27 NY2d 352). Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.

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In an action to recover brokerage commissions, plaintiff appeals (by permission) from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated April 6, 1976, which reversed a judgment of the Justice Court, Village of Larchmont, Westchester County, dated June 2, 1975, which, after a nonjury trial, was in favor of it and against defendant. Order affirmed, with costs. The evidence is insufficient to show that respondent and the prospective lessee agreed to the terms of a lease. Accordingly, since no agreement was reached, the broker’s commission was not earned (see Kaelin v Warner, 27 NY2d 352). Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 930, 388 N.Y.S.2d 315, 1976 N.Y. App. Div. LEXIS 14785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tribune-assistance-corp-v-nevins-warehouse-trucking-corp-nyappdiv-1976.

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