AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JOHN J. GALLAGHER, JR., Appellant, v. AKOFF REALTY CORP., Respondent.

In an action to recover a real estate broker's commission, judgment dismissing the complaint at the close of plaintiff's case upon the ground that the plaintiff failed to establish a meeting of the minds of the owner and lessee upon the essential terms of the lease, reversed upon the law and the facts and a new trial granted, with costs to the appellant to abide the event. It is our opinion, granting to appellant every inference warranted by the evidence ( Wylde v. Northern R.R. Co. of N.J., 53 N.Y. 156), that the proof established that there had been a meeting of the minds upon the essential provisions of the lease and acceptance by the lessee of the terms and conditions proposed by the landlord. ( King v. Knowles, 122 App. Div. 414; Kogan v. Reilly, 258 App. Div. 913; Sheridan v. McLaughlin, 172 App. Div. 314; Ostroff v. Doctor, 238 N.Y. 264.) Nolan, P.J., Carswell and Sneed, JJ., concur; Adel and MacCrate, JJ., dissent and vote to affirm. (See Boyd v. Boyd, 252 N.Y. 422, 429.)

Use AI to get other relevant cases.

Comments

GALLAGHER v. AKOFF REALTY CORP
(Nov 21, 1949)