New York Court of Appeals

Murray B. Stone, Doing Business as Stone & Stone Co., Appellants v. Jack Freeman, Doing Business as…

November 24, 1948298 N.Y. 268

Summary

The New York Court of Appeals reversed the lower courts and granted the motion to dismiss the counterclaims, holding that a seller cannot recover from a broker the portion of commission intended for a buyer's purchasing agent when the underlying agreement is illegal under the Penal Law.