Narrative Opinion Summary
Order reversed with costs, and the case is remitted to the Appellate Division, Second Department, for further consideration of the facts and other unresolved issues. The evidence presented by the plaintiff was legally sufficient to support the jury's verdict awarding the broker’s commission. However, the defendant's claims regarding errors in the trial court's jury instructions need to be addressed, particularly since some objections were not adequately raised during the trial. The decision was concurred by Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons, and Kaye.
Legal Issues Addressed
Remittal for Further Considerationsubscribe to see similar legal issues
Application: The case is sent back to the Appellate Division, Second Department, for further examination of the facts and unresolved issues.
Reasoning: Order reversed with costs, and the case is remitted to the Appellate Division, Second Department, for further consideration of the facts and other unresolved issues.
Review of Jury Instructions for Errorsubscribe to see similar legal issues
Application: The appellate court must address the defendant's claims of errors in the trial court's jury instructions, especially in light of inadequately raised objections during the trial.
Reasoning: However, the defendant's claims regarding errors in the trial court's jury instructions need to be addressed, particularly since some objections were not adequately raised during the trial.
Sufficiency of Evidence Supporting Jury Verdictsubscribe to see similar legal issues
Application: The court found that the evidence presented by the plaintiff was adequate to justify the jury's decision to award the broker’s commission.
Reasoning: The evidence presented by the plaintiff was legally sufficient to support the jury's verdict awarding the broker’s commission.