Obedin v. Olish

Full title: NORMAN M. OBEDIN, Doing Business as N.M. OBEDIN COMPANY, Respondent, v…

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

Date published: Jun 29, 1953

282 App. Div. 747 (N.Y. App. Div. 1953)

Opinion

June 29, 1953.

In an action to recover a real estate broker's commission, order denying appellant's motion for summary judgment, and granting respondent's cross motion for leave to serve a bill of particulars, to examine appellant and to add a party plaintiff, affirmed, with $10 costs and disbursements. No opinion.

MacCrate, Schmidt and Beldock, JJ., concur;

Adel, Acting P.J., and Wenzel, J., dissent and vote to reverse the order and to grant appellant's motion for summary judgment and to deny respondent's motion, with the following memorandum:

Against the appellant's showing on the motion for summary judgment, respondent has failed to set forth evidentiary matter showing that he produced a purchaser ready, willing and able to purchase on the terms described by appellant, or that there was a meeting of the minds between the seller and purchasers on all the essential terms of an agreement of sale and purchase. [See post, p. 875.]