New York Court of Appeals

Lazlo v. Keviczky, Respondent, v. Isadore Lorber, Appellants, Defendants

April 15, 1943290 N.Y. 297

Summary

The Court affirmed the judgment for the plaintiff, holding that the defendants' alleged conspiracy to exclude the broker from the transaction was an actionable tort that entitled the broker to recover the commission he would have earned. The dissent argued that no actionable conspiracy existed because commission splitting was not illegal at the time and the broker had not procured a purchaser.