MILLS v. 630 PARK AVE.


17 Misc.2d 447 (1958)

Gladys Mills, Respondent, v. 630 Park Associates et al., Appellants.

Supreme Court, Appellate Term, First Department.

December 11, 1958.


Attorney(s) appearing for the Case

Samuel Mezansky for 630 Park Associates, appellant.

Sohn & Okin (Louis Okin of counsel), for Douglas L. Elliman & Co., Inc., appellant.

Howard Hilton Spellman for respondent.

Concur — HECHT, J. P., STEUER and TILZER, JJ.


Per Curiam.

It plainly appears from this record that the purchaser obtained by plaintiff repudiated her offer to buy the apartment and indeed plaintiff so testified.

The admission, made during proper cross-examination of plaintiff, as an adverse party, on a crucial issue of the case, was sufficient to nonsuit her.

Despite an agreement between a buyer and a seller upon a sale, a broker cannot recover...

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