John J. Reynolds, Inc. v. Snow
| Decision Date | 23 March 1961 |
| Citation | 215 N.Y.S.2d 84,9 N.Y.2d 785 |
| Parties | , 174 N.E.2d 753 JOHN J. REYNOLDS, INC., Appellant, v. Judith SNOW et al., as Administratrices of the Estate of Lillian R. Schwamm, Deceased, and as Administratrices of the Estate of Harvey L. Schwamm, Deceased, Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 11 A.D.2d 653, 201 N.Y.S.2d 704.
An action was brought on notes executed in payment of a broker's commission to the plaintiff for effecting a lease of a store to the operator of a chain of restaurants. The defendants alleged as a defense that the plaintiff had breached its trust by effecting a lease to the operator of the chain for an annual rental of $38,000 instead of to another for rental of $40,000 because of the friendship between the plaintiff's president and the principals of the operator of the chain.
The Supreme Court, Special and Trial Term, New York County, Harold Baer, J., rendered a judgment for the plaintiff, and the defendants appealed.
The Appellate Division unanimously modified the judgment on the law and the facts so as to dismiss the complaint and otherwise affirmed and held that the plaintiff failed to act in good faith and forfeited its right to commissions.
The plaintiff appealed to the Court of Appeals.
Hodges, Reavis, McGrath & Downey, New York City, for appellant (John P. McGrath, Martin D. Jacobs, Frederick R. Adler, New York City, of counsel).
Falk & Orleans, New York City, for respondents (Samuel Falk, Ilo Orleans, New York City, for counsel).
Judgment affirmed, with costs.
All concur.
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