25 A.D.2d 750 | N.Y. App. Div. | 1966
In an action by a real estate broker to recover a commission, plaintiff appeals from an order of the Supreme Court, Queens County, entered August 20, 1965, which denied his motion for summary judgment against the two corporate defendants, pursuant to CPLR 3212, and for a severance of the action as against the remaining individual defendants, pursuant to CPLR 603. Order modified so as to (1) grant plaintiff summary judgment against defendant Fiat Estates, Inc., and (2) sever the action as against the remaining defendants. As so modified, order affirmed, with $10 costs and disbursements to plaintiff against defendant Fiat Estates, Inc. Plaintiff rested his claim for summary recovery against defendant Fiat Estates, Inc., on documentary proof that Fiat had contracted to purchase all the capital stock of another real estate corporation, whieh held a contract to purchase certain land. In the agreement to purchase said stock, plaintiff’s role as the broker who had effected that-