Opinion
November 20, 1961
In an action by plaintiff, an attorney, to recover a cobrokerage commission pursuant to a written agreement with the defendant corporation as the cobroker, in which the defendant pleaded as an affirmative defense that plaintiff coerced it into signing the agreement, and in which defendant served a third-party complaint on one Newberg, alleging that he was liable over to it for any recovery by plaintiff against it, in that Newberg and plaintiff conspired to, and did, coerce defendant into signing the cobrokerage agreement, the defendant as third-party plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 7, 1961 and entered in Nassau County on March 15, 1961, which dismissed the third-party complaint for insufficiency. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.