General

Harry Kottler, Respondent, v. New York Bargain House, Inc., Appellant

213 A.D. 862·New York Supreme Court, Appellate Division·1925·NY

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Opinion

Harry Kottler, Respondent, v. New York Bargain House, Inc., Appellant. [MAJORITY] Judgment modified by deducting therefrom the sum of $543.99, the amount of the rent recovered after the commencement of the action (See Park & Sons Co. v. Hubbard, 198 N. Y. 136); and also the sum of $665.16 claimed as commission, on the ground that no necessity was shown for the employment of a broker nor proof that the commission paid was fair and reasonable in amount; and as so modified affirmed, with costs to appellant. Settle order on notice. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.