Koffler v. Rubin — 127 N.Y.S. 1128

Majority

p. 1128

KOFFLER v. RUBIN.

(Supreme Court, Appellate Term.

February 9, 1911.)

Headnote

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Simon S. ICoffler against Robert J. Rubin. From a judgment in favor of the plaintiff, rendered in the Municipal Court, defendant appeals.

Reversed, „ and complaint dismissed.

Robson & Simpson, for appellant.

Samuel Koffler, for respondent.

In our opinion the weight of testimony is with the defendant. Moreover, there was no consideration for defendant’s promise (which is denied) to pay one-half of bis commission to plaintiff for refraining from interfering to prevent the adjustment by defendant ; the defendant having been retained by the insured to adjust the loss. The judgment is reversed, and the complaint dismissed, with costs to appellant in this court and in the court below.