Opinion
January 29, 1960
Appeal from the Municipal Court of the City of New York, Borough of Queens, MEYER TOBIAS, J.
Esterman Reich ( Philip Esterman of counsel), for appellants.
Sparago Sparago ( William Sparago of counsel), for respondents.
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.