From Casetext: Smarter Legal Research

Helmsley-Spear, Inc. v. Leasco Realty, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 1971
37 A.D.2d 955 (N.Y. App. Div. 1971)

Opinion

November 30, 1971


Order, Supreme Court, New York County, entered on June 18, 1971, denying defendants' motion to dismiss the complaint herein for failure to state a cause of action, unanimously reversed, on the law, the motion granted and the complaint dismissed. Defendants-appellants shall recover of plaintiffs-respondents $50 costs and disbursements of this appeal. Plaintiffs claim that all they had to do in order to earn the brokerage commission sought herein was to produce a person who would agree to become a joint venturer with defendants. They produced such a person, but the joint venture was never consummated. The writings in the record conclusively demonstrate that plaintiffs were not entitled to any commission unless and until the joint venture was closed. This was expressed by plaintiff Culmore, in writing, on at least three occasions (see letters dated March 6, 1970, April 3, 1970 and May 1, 1970).

Concur — Stevens, P.J., Capozzoli, McGivern, Nunez and Steuer, JJ.


Summaries of

Helmsley-Spear, Inc. v. Leasco Realty, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 1971
37 A.D.2d 955 (N.Y. App. Div. 1971)
Case details for

Helmsley-Spear, Inc. v. Leasco Realty, Inc.

Case Details

Full title:HELMSLEY-SPEAR, INC., et al., Respondents, v. LEASCO REALTY, INC., et al.…

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

Date published: Nov 30, 1971

Citations

37 A.D.2d 955 (N.Y. App. Div. 1971)

Citing Cases

Marie Zere Associates, Inc. v. Vanguard Ventures, Inc.

The plaintiff does not dispute Vanguard's allegation that to date the bank has withheld its consent. Where a…