Lane Realty Co. v. Fox , 23 Misc. 2d 892 ( 1960 )

Per Curiam.

In this action for brokerage commissions, it was error to exclude parol evidence to show that the binder agreement was conditional (N. E. D. Holding Co. v. McKinley, 246 N. Y. 40).

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $30 costs to the defendants to abide the event.

Concur — Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.