The following excerpt is from Rosenblum v. Harris, Upham & Co., 322 N.Y.S.2d 885, 66 Misc.2d 1054 (N.Y. App. Term 1971):
While the defendant, which had undertaken to act as the plaintiff's broker, had the right to terminate the relationship, [66 Misc.2d 1057] it was required to do so on proper notice (Stenton v. Jerome, 54 N.Y. 480, 486; 2 C.J.S. Agency 81, p. 1171). The record is barren of any evidence of the renunciation of the agency by the defendant, or of any communication to the plaintiff to that effect. On the contrary, the commission statement for the final transaction establishes clearly that the purchase was made on the plaintiff's behalf and that a commission was charged. I am, therefore, unable to agree with the conclusion that the agency had been terminated before the purchase was made.
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