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COHEN v. ELLIMAN & CO.

279 A.D. 161 (1951)

William I. Cohen, Respondent, v. Douglas L. Elliman & Co., Inc., Appellant, and Nathaniel R. Caine, Proposed Party Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 4, 1951.

Attorney(s) appearing for the Case

Alexander Pfeiffer of counsel (Clarence S. Barasch with him on the brief; Pfeiffer & Crames, attorneys), for appellant.

Max Zucker, attorney (Stanley Zucker with him on the brief), for plaintiff-respondent.

George P. Halperin of counsel (David A. Sabo with him on the brief; Barron, Rice & Rockmore, attorneys), for Nathaniel R. Caine, respondent.

PECK, P. J., GLENNON, DORE, COHN and VAN VOORHIS, JJ., concur.

Per Curiam.

Two real estate brokers in sequence, first Cohen and secondly Caine, are each claiming 50% of the commissions received by a third broker, defendant-appellant, in connection with the sale of a hotel. Cohen claims he brought the seller to defendant and was promised and is entitled to 50% of the commissions; Caine claims he brought the purchaser to the defendant and was promised and is entitled to 50% of the...

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