O'CONNOR-SULLIVAN, INC., v. OTTO


283 A.D. 269 (1954)

O'Connor-Sullivan, Inc., Appellant, v. Earl Otto, Respondent

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

January 27, 1954.


Attorney(s) appearing for the Case

Bernard Ellenbogen and Meyer A. Jeneroff for appellant.

Milton B. Knox for respondent.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur in Per Curiam opinion; IMRIE, J., dissents, in a memorandum.


Per Curiam.

This is an appeal from an order of the Albany County Court denying the plaintiff's motion for summary judgment under rule 113 in an action for real estate commissions.

The defendant entered into an agreement with the plaintiff giving the plaintiff an exclusive agency for the sale of certain real property in the city of Albany. The brokerage agreement was executed upon a printed form prepared by the...

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