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Houlihan Parnes Realtors v. Gazivoda

Court of Appeals of the State of New York
Jul 5, 1984
63 N.Y.2d 657 (N.Y. 1984)

Opinion

Decided July 5, 1984

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, George J. Beisheim, J.

Stanley Alter for appellant.

Peter J. Schmerge, Ronald C. Childs and Neil Stevenson for respondent.


On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, with costs, and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPLR 5613) and other issues not reached by that court. The proof adduced by plaintiff was legally sufficient to support the jury's verdict awarding recovery by plaintiff of the broker's commission for which the action was brought. There remains to be determined, however, defendant's claim of errors in the trial court's instructions to the jury, as to some of which at least, no sufficient objection was made at trial.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.


Summaries of

Houlihan Parnes Realtors v. Gazivoda

Court of Appeals of the State of New York
Jul 5, 1984
63 N.Y.2d 657 (N.Y. 1984)
Case details for

Houlihan Parnes Realtors v. Gazivoda

Case Details

Full title:HOULIHAN PARNES REALTORS, Appellant, v. LAZAR GAZIVODA, Respondent

Court:Court of Appeals of the State of New York

Date published: Jul 5, 1984

Citations

63 N.Y.2d 657 (N.Y. 1984)
479 N.Y.S.2d 523
468 N.E.2d 705

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