McKinney v. Penachio

Appellate Division of the Supreme Court of New York

McKinney v. Penachio

272 A.D.2d 1012

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

DecidedOctober 31, 1947

StatusPublished

This text of 272 A.D.2d 1012 (McKinney v. Penachio) 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

McKinney v. Penachio, 272 A.D.2d 1012 (N.Y. Ct. App. 1947).

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Opinion

The documentary proof creates a triable issue as to whether the earlier overriding commission contract, upon which this action is based, was rescinded and waived. Accordingly the [1013]*1013motion for summary judgment should have been denied. Judgment and order appealed, from unanimously reversed, with costs to the appellants, and the motion for summary judgment denied. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.

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The documentary proof creates a triable issue as to whether the earlier overriding commission contract, upon which this action is based, was rescinded and waived. Accordingly the [1013]*1013motion for summary judgment should have been denied. Judgment and order appealed, from unanimously reversed, with costs to the appellants, and the motion for summary judgment denied. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.

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Bluebook (online)

272 A.D.2d 1012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-penachio-nyappdiv-1947.