Opinion · Nylaw New York

KLEIN v. GROSS CONSTRUCTION CO., INC., 269 App. Div. 1046 (1945)

JULIUS J. KLEIN, Doing Bus. under the Name of JULIUS J. KLEIN COMPANY,Appellant, v. GROSS Constr. CO., INC., Respondent., 269 A.D. 1046 (Appellate Division of the Supreme Court of New York, Second Department. 1945)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1945-12-10
Topic: general

KLEIN v. GROSS CONSTRUCTION CO., INC., 269 App. Div. 1046 (1945) JULIUS J. KLEIN, Doing Business under the Name of JULIUS J. KLEIN COMPANY,Appellant, v.

Citator

UpLaw has not yet analyzed KLEIN v. GROSS CONSTRUCTION CO., INC., 269 App. Div. 1046 (1945). The absence of a flag is not a finding that it is good law.

KLEIN v. GROSS CONSTRUCTION CO., INC.,269 App. Div. 1046(1945)

JULIUS J. KLEIN, Doing Business under the Name of JULIUS J. KLEIN COMPANY,

Appellant, v. GROSS CONSTRUCTION CO., INC., Respondent.

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

December 10, 1945.

In this action brought by the plaintiff, a real estate broker, to recover commissions claimed to have been earned for procuring a lessee for property owned by the defendant, judgment dismissing the complaint on the merits at the close of the plaintiff's case reversed on the law and a new trial granted, with costs to appellant to abide the event. In our opinion, the plaintiff made out a prima facie case. In view of the foregoing determination, the appeal from the order denying plaintiff's motion to amend the judgment by providing that it be for failure of proof and without prejudice, instead of on the merits or, in the alternative, granting a new trial, is dismissed, without costs, as academic. Hagarty, Acting P.J., Carswell, Johnston, Adel and Lewis, JJ., concur.