Kraham Realty, Inc. v. Rothschild

• Decision Date: 08 February 1960
• Citation: 196 N.Y.S.2d 317,10 A.D.2d 634
• Parties: KRAHAM REALTY INC., Appellant, v. Walter L. ROTHSCHILD, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 317

196 N.Y.S.2d 317

10 A.D.2d 634

KRAHAM REALTY INC., Appellant, v. Walter L. ROTHSCHILD, Respondent.

Supreme Court, Appellate Division, Second Department.

Feb. 8, 1960.

Frank Kreizberg, New York City, for appellant.

Albert W. Fribourg, New York City, for respondent.

Before NOLAN, P. J., and BELDOCK, UGHETTA, KLEINFELD and PETTE, JJ.

MEMORANDUM BY THE COURT.

In an action by a real estate broker against a cobroker to recover damages measured by half of the commissions earned from a transaction which the cobroker, in his capacity as purchaser, refused to consummate, the appeal is from a judgment entered on an order which granted a motion for summary judgment dismissing the complaint and an order resettling the original order. The notice of appeal states that appellant brings up both order for review. Resettled order and judgment unanimously affirmed, with one bill of $10 costs and disbursements.

Appeal from original order dismissed, without costs.

No such order is printed in the record.