Israelson v. Rubin
| Decision Date | 10 July 1964 |
| Citation | 200 N.E.2d 774,252 N.Y.S.2d 90,14 N.Y.2d 887 |
| Parties | , 200 N.E.2d 774 Reuben ISRAELSON, Respondent, v. Sidney RUBIN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 20 A.D.2d 668, 247 N.Y.S.2d 85.
Action was brought to recover cobrokerage commissions and compensation allegedly due under a contract of employment.
The Supreme Court, Special Term, Rockland County, Robert Doscher, J., entered an order denying the plaintiff's motion for partial summary judgment for compensation allegedly due under the contract of employment, and the plaintiff appealed.
The Appellate Division reversed the order, severed the first and second causes of action, granted the plaintiff's motion for partial summary judgment, and directed that judgment be entered for the plaintiff on the third and fourth causes of action alleged in the complaint, and held that plaintiff was entitled to summary judgment on agreements substantiated by his affidavit and in part by defendant's admissions.
The defendant appealed to the Court of Appeals.
Lexow & Jenkins, Suffern (David H. Moses, Suffern, of counsel), for appellant.
Jack I. Bergen, Spring Valley (Samuel Schwartz, New York City, and Jack I. Bergen, Spring Valley, on the brief), for respondent.
Order affirmed with costs.
All concur.
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