Appellate Division of the Supreme Court of New York, 1973

Penguin Realty Co. v. Perez

Penguin Realty Co. v. Perez
Appellate Division of the Supreme Court of New York · Decided December 31, 1973
43 A.D.2d 742; 350 N.Y.S.2d 714; 1973 N.Y. App. Div. LEXIS 2802
Penguin Realty Co. v. Perez

Opinion of the Court

In an action to recover damages for conspiracy to deprive plaintiff of an opportunity to earn a brokerage commission, (1) plaintiff appeals from an order of the Supreme Court, Nassau County, entered December 21, 1972, which granted a motion to set aside a jury verdict of $27,600 in plaintiff’s favor against certain of the defendants and (2) said defendants cross-appeal from so much of the order as granted a new trial. Order reversed, motion to set aside verdict denied and verdict reinstated, with costs to plaintiff. In our opinion, from the evidence adduced at the trial the jury could have reasonably inferred and concluded that the defendants against whom the verdict was returned conspired to deprive plaintiff of the opportunity to earn a brokerage commission. Shapiro, Brennan and Benjamin, JJ., concur; Munder, Acting P. J., and Martuscello, J., dissent and vote to affirm.

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