Albert L. Sutton, as Executor of Leon A. Sutton, Deceased, Respondent v. East River Savings Bank, Appellant, Et…

Summary

The New York Court of Appeals affirmed summary judgment for the executor of a broker’s estate, holding that the bank owed a $10,000 commission under the written agreement despite the foreclosure sale. The Court reasoned that the agreement’s language and purpose required payment upon title closing or mortgage assignment, and the bank’s affidavits failed to provide admissible extrinsic evidence. Justice Meyer dissented, arguing the plaintiff had not shown a prima facie case and the bank should have been granted summary judgment.