Boylan v. Foremost Machine Builders, Inc.

Appellate Division of the Supreme Court of New York

Boylan v. Foremost Machine Builders, Inc.

281 A.D. 880, 119 N.Y.S.2d 925, 1953 N.Y. App. Div. LEXIS 3644

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 1953

StatusPublished

This text of 281 A.D. 880 (Boylan v. Foremost Machine Builders, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boylan v. Foremost Machine Builders, Inc., 281 A.D. 880, 119 N.Y.S.2d 925, 1953 N.Y. App. Div. LEXIS 3644 (N.Y. Ct. App. 1953).

Pincite

Opinion

The center of gravity of this transaction may have been that plaintiff’s commission was to be paid for services to be rendered by him in the performance, rather than in the procurement, of this Government contract. A trial is necessary. Defendant’s motions for judgment on the pleadings and for summary judgment were properly denied. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Cohn, J. P,, Callahan, Van Voorhis and Breitel, JJ.

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The center of gravity of this transaction may have been that plaintiff’s commission was to be paid for services to be rendered by him in the performance, rather than in the procurement, of this Government contract. A trial is necessary. Defendant’s motions for judgment on the pleadings and for summary judgment were properly denied. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Cohn, J. P,, Callahan, Van Voorhis and Breitel, JJ.

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Bluebook (online)

281 A.D. 880, 119 N.Y.S.2d 925, 1953 N.Y. App. Div. LEXIS 3644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boylan-v-foremost-machine-builders-inc-nyappdiv-1953.