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Gallagher v. Akoff Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1949
276 App. Div. 777 (N.Y. App. Div. 1949)

Opinion

November 21, 1949.


In an action to recover a real estate broker's commission, judgment dismissing the complaint at the close of plaintiff's case upon the ground that the plaintiff failed to establish a meeting of the minds of the owner and lessee upon the essential terms of the lease, reversed upon the law and the facts and a new trial granted, with costs to the appellant to abide the event. It is our opinion, granting to appellant every inference warranted by the evidence ( Wylde v. Northern R.R. Co. of N.J., 53 N.Y. 156), that the proof established that there had been a meeting of the minds upon the essential provisions of the lease and acceptance by the lessee of the terms and conditions proposed by the landlord. ( King v. Knowles, 122 App. Div. 414; Kogan v. Reilly, 258 App. Div. 913; Sheridan v. McLaughlin, 172 App. Div. 314; Ostroff v. Doctor, 238 N.Y. 264.) Nolan, P.J., Carswell and Sneed, JJ., concur; Adel and MacCrate, JJ., dissent and vote to affirm. (See Boyd v. Boyd, 252 N.Y. 422, 429.)


Summaries of

Gallagher v. Akoff Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1949
276 App. Div. 777 (N.Y. App. Div. 1949)
Case details for

Gallagher v. Akoff Realty Corp.

Case Details

Full title:JOHN J. GALLAGHER, JR., Appellant, v. AKOFF REALTY CORP., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 21, 1949

Citations

276 App. Div. 777 (N.Y. App. Div. 1949)

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