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JOSEPH & CO. v. HIRSCH

283 A.D. 86 (1953)

Robert Joseph & Company, Inc., Respondent, v. Myrtle G. Hirsch et al., Doing Business under the Name of Beland Realty Co., Defendants and Third-Party Plaintiffs-Appellants, and Louis Rait, Inc., Third-Party Defendant

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

December 8, 1953.

Attorney(s) appearing for the Case

Morton G. Rosenberg of counsel (Herbert Stern with him on the brief; Karelsen, Karelsen, Rosenberg & Baum, attorneys), for respondent.

Seymour C. Simon of counsel (Dreyer & Traub, attorneys), for appellants.

PECK, P. J., DORE, COHN, CALLAHAN and BOTEIN, JJ., concur.

Per Curiam.

The circumstances in this case would seem to warrant interpleader. Plaintiff a broker is suing for $5,400 commissions for negotiating a long term lease of defendants' premises to Louis Rait, Inc. The lease contained a recital that "Landlord and Tenant agree that Plaza Realty Company was the sole broker instrumental in consummating the within lease." The tenant had signed a representation that Plaza was the...

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