Chas. Lowe Co. v. Frederick Cowan & Co.

Appellate Division of the Supreme Court of New York

Chas. Lowe Co. v. Frederick Cowan & Co.

45 A.D.2d 840, 358 N.Y.S.2d 957, 1974 N.Y. App. Div. LEXIS 4543

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

DecidedJuly 1, 1974

StatusPublished

This text of 45 A.D.2d 840 (Chas. Lowe Co. v. Frederick Cowan & Co.) 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

Chas. Lowe Co. v. Frederick Cowan & Co., 45 A.D.2d 840, 358 N.Y.S.2d 957, 1974 N.Y. App. Div. LEXIS 4543 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action to recover sales commissions, defendant appeals from (1) an order of the Supreme Court, Nassau County, dated October 11, 1973. which granted plaintiff partial summary judgment, and (2) a judgment of said court, entered on October 12, 1973 upon said order. Order and judgment modified, on the law, by reducing the figure therein of $22,881.75 to $18,385.75 and the figure therein of $16,904.01 to $12,408.01; and judgment further modified by accordingly reducing the item of interest awarded therein from January 30, 1973 and reducing the total recovery therein. As so modified, order and judgment affirmed, with one bill of $20 costs and disbursements to respondent. The papers disclose a triable issue of fact as to whether the November, 1972 order which plaintiff obtained from United States Steel Corporation for the steamer Avery was placed before or after the cancellation of the contract between the parties. Gulotta, P. J.. Martuscello, Shapiro, Christ and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover sales commissions, defendant appeals from (1) an order of the Supreme Court, Nassau County, dated October 11, 1973. which granted plaintiff partial summary judgment, and (2) a judgment of said court, entered on October 12, 1973 upon said order. Order and judgment modified, on the law, by reducing the figure therein of $22,881.75 to $18,385.75 and the figure therein of $16,904.01 to $12,408.01; and judgment further modified by accordingly reducing the item of interest awarded therein from January 30, 1973 and reducing the total recovery therein. As so modified, order and judgment affirmed, with one bill of $20 costs and disbursements to respondent. The papers disclose a triable issue of fact as to whether the November, 1972 order which plaintiff obtained from United States Steel Corporation for the steamer Avery was placed before or after the cancellation of the contract between the parties. Gulotta, P. J.. Martuscello, Shapiro, Christ and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

45 A.D.2d 840, 358 N.Y.S.2d 957, 1974 N.Y. App. Div. LEXIS 4543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chas-lowe-co-v-frederick-cowan-co-nyappdiv-1974.