Opinion
June 26, 1950.
Appeal from City Court of the City of New York, County of Kings.
Order of the Appellate Term and the judgment of the City Court of the City of New York, County of Kings, entered thereon, reversed on the law and a new trial directed, with costs to abide the event. The action was to recover brokerage commissions at a fixed rate and, therefore, the plaintiff could recover the sum of $2,100 or nothing. Although the verdict was, therefore, incorrect, the Appellate Term had no power to increase it. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.