Appellate Terms of the Supreme Court of New York, 1960

Lane Realty Co. v. Fox

Appellate Terms of the Supreme Court of New York · Decided January 29, 1960

23 Misc. 2d 892; 206 N.Y.S.2d 308; 1960 N.Y. Misc. LEXIS 3697

Counsel

Esterman <& Reich (Philip Esterman of counsel), for appellants. Sparago & Sparago (William Sparago of counsel), for respondents.

Opinion of the Court

Per Curiam.

In this action for brokerage commissions, it was error to exclude parol evidence to show that the binder agreement was conditional (N. E. D. Holding Co. v. McKinley, 246 N. Y. 40).

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $30 costs to the defendants to abide the event.

Concur — Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

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