Wolf v. Furie

Appellate Division of the Supreme Court of New York

Wolf v. Furie

270 A.D. 939, 61 N.Y.S.2d 840, 1946 N.Y. App. Div. LEXIS 4782

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

DecidedMay 6, 1946

StatusPublished

This text of 270 A.D. 939 (Wolf v. Furie) 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

Wolf v. Furie, 270 A.D. 939, 61 N.Y.S.2d 840, 1946 N.Y. App. Div. LEXIS 4782 (N.Y. Ct. App. 1946).

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Opinion

Action to recover, by way of damages, the amount of commissions which plaintiff alleges he would have received had not the defendant, as a purchaser of real property, by virtue of a conspiracy, false and fraudulent representations, and breach of contract deprived him thereof. Order denying motion of defendant for judgment on the pleadings reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. There are no factual allegations upon which can be predicated the conclusion that the sale had been effected through the instrumentality of plaintiff as broker. (Newberry & Co. v. Warneche é Co., 267 App. Div. 418, affd. 293 N. Y. 698; Sieven v. Glazer, 267 App. Div. 969, motion for leave to appeal denied, 292 N. Y. 726; Sieven V. Glazer, 268 App. Div. 1052.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Action to recover, by way of damages, the amount of commissions which plaintiff alleges he would have received had not the defendant, as a purchaser of real property, by virtue of a conspiracy, false and fraudulent representations, and breach of contract deprived him thereof. Order denying motion of defendant for judgment on the pleadings reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. There are no factual allegations upon which can be predicated the conclusion that the sale had been effected through the instrumentality of plaintiff as broker. (Newberry & Co. v. Warneche é Co., 267 App. Div. 418, affd. 293 N. Y. 698; Sieven v. Glazer, 267 App. Div. 969, motion for leave to appeal denied, 292 N. Y. 726; Sieven V. Glazer, 268 App. Div. 1052.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Bluebook (online)

270 A.D. 939, 61 N.Y.S.2d 840, 1946 N.Y. App. Div. LEXIS 4782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolf-v-furie-nyappdiv-1946.

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