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BOWMAN v. BLOOMFIELD MGMT.

197 Misc. 523 (1950)

Albin H. Bowman, Appellant, v. Bloomfield Management, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

April 6, 1950.

Attorney(s) appearing for the Case

Porter R. Chandler, J. Roger Carroll, Edward J. McGratty, Jr., and Sidney L. Aronson for appellant.

Julius Zizmor and George Zinberg for respondent.

George Gray Zabriskie for Cathedral Church of St. John the Divine in the City and Diocese of New York and another, amici curiæ.

George N. Whittlesey for Plymouth Church of the Pilgrims, amicus curiæ.

William M. Evarts, Frederick F. Greenman and Robert E. Young for St. Philip's Church in the Highlands and others, amici curiæ.

Jackson A. Dykman for James P. De Wolfe, as Bishop of the Protestant Episcopal Diocese of Long Island, amicus curiæ.

STEINBRINK, RUBENSTEIN and COLDEN, JJ., concur.

Per Curiam.

In this action for brokerage commissions the trial court properly declined to interfere with the verdict on the ground that it was against the weight of the evidence. It was error, however, to set it aside and dismiss the complaint upon the theory that the prospective purchaser, a religious corporation, had no legal right to invest its funds in an income-producing parcel of real estate. The investment of...

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