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Industrial & Commercial Realty Associates Co. v. Great Atlantic & Pacific Tea Co.

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1979
68 A.D.2d 853 (N.Y. App. Div. 1979)

Opinion

March 22, 1979


Order, Supreme Court, New York County, entered March 22, 1978, granting plaintiff-respondent's motion for leave to serve an amended complaint unanimously modified, on the law, to the extent that leave to include the proposed third cause of action therein is denied and the order is otherwise affirmed, without costs and without disbursements. The proposed third cause of action does not allege an express, special contract to act solely as a finder, but rather seeks recovery on an implied promise, a theory this court heretofore rejected as insufficient to sustain a real estate broker's claim to recover a finder's fee. (Industrial Commercial Realty Assoc. Co. v. Great Atlantic Pacific Tea Co., 60 A.D.2d 527.)

Concur — Sandler, J.P., Sullivan, Lupiano, Yesawich and Bloom, JJ.


Summaries of

Industrial & Commercial Realty Associates Co. v. Great Atlantic & Pacific Tea Co.

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1979
68 A.D.2d 853 (N.Y. App. Div. 1979)
Case details for

Industrial & Commercial Realty Associates Co. v. Great Atlantic & Pacific Tea Co.

Case Details

Full title:INDUSTRIAL COMMERCIAL REALTY ASSOCIATES COMPANY, Respondent, v. GREAT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 22, 1979

Citations

68 A.D.2d 853 (N.Y. App. Div. 1979)

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