Kahn v. Metavac, Inc.

Appellate Division of the Supreme Court of New York

Kahn v. Metavac, Inc.

26 A.D.2d 667, 272 N.Y.S.2d 738, 1966 N.Y. App. Div. LEXIS 3740

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

DecidedJuly 5, 1966

StatusPublished

This text of 26 A.D.2d 667 (Kahn v. Metavac, 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

Kahn v. Metavac, Inc., 26 A.D.2d 667, 272 N.Y.S.2d 738, 1966 N.Y. App. Div. LEXIS 3740 (N.Y. Ct. App. 1966).

Pincite

Opinion

In an action to recover commissions allegedly due under a contract of employment, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 18, 1965, after a nonjury trial and upon the court’s decision dismissing the complaint on the merits. Judgment reversed on the facts and new trial granted, with costs to abide the event. Findings of fact inconsistent herewith are reversed. The finding that plaintiff was entitled to commissions from gross sales only with respect to defendant Metavac, Inc., [668]*668and not as to the sales of George Fadel, doing business as Lenscote Company, is against the weight of the credible evidence. We hold that a new trial upon all the issues is required. Christ, Hill and Benjamin, JJ., concur; Ughetta, Acting P. J., and Rabin, J., dissent and vote to affirm the judgment.

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In an action to recover commissions allegedly due under a contract of employment, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 18, 1965, after a nonjury trial and upon the court’s decision dismissing the complaint on the merits. Judgment reversed on the facts and new trial granted, with costs to abide the event. Findings of fact inconsistent herewith are reversed. The finding that plaintiff was entitled to commissions from gross sales only with respect to defendant Metavac, Inc., [668]*668and not as to the sales of George Fadel, doing business as Lenscote Company, is against the weight of the credible evidence. We hold that a new trial upon all the issues is required. Christ, Hill and Benjamin, JJ., concur; Ughetta, Acting P. J., and Rabin, J., dissent and vote to affirm the judgment.

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Bluebook (online)

26 A.D.2d 667, 272 N.Y.S.2d 738, 1966 N.Y. App. Div. LEXIS 3740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahn-v-metavac-inc-nyappdiv-1966.