Appellate Division of the Supreme Court of New York, 1952

Finkelstein v. Kesalp Realty Corp.

Finkelstein v. Kesalp Realty Corp.
Appellate Division of the Supreme Court of New York · Decided March 31, 1952
279 A.D. 939; 111 N.Y.S.2d 282; 1952 N.Y. App. Div. LEXIS 5376
Finkelstein v. Kesalp Realty Corp.

Opinion of the Court

Assuming that the complaint states a cause of action against the seller for. commissions earned, agents who, acting within the scope of their authority, induce the principal to breach a contract are not liable in damages to the other party to the contract. (Greyhound Corp. v. Commercial Cas. Ins. Co., 259 App. Div. 317.) We construe the allegation that appellants controlled the seller corporation as an averment that they were its agents. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p 1077.]

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