Appellate Terms of the Supreme Court of New York, 1925

Leibow v. Tilson

Leibow v. Tilson
Appellate Terms of the Supreme Court of New York · Decided April 9, 1925
124 Misc. 743; 209 N.Y.S. 224; 1925 N.Y. Misc. LEXIS 744

Counsel

Arnstein & Levine [Sidney S. Levine of counsel], for the appellant., No appearance for the respondents.

Leibow v. Tilson

Opinion of the Court

Per Curiam:

The plaintiff having been constituted an exclusive agent and his agency not having been revoked, the principal cannot make a sale himself without becoming liable for the commissions.” (Slattery v. Cothran, 210 App. Div. 581.) No misrepresentation made by the purchaser could have any effect on the plaintiff’s rights.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Mitchell and Proskauer, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.