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.)