Meyers v. I. D. Precision Components Corp.

Appellate Division of the Supreme Court of New York

Meyers v. I. D. Precision Components Corp.

26 A.D.2d 557, 272 N.Y.S.2d 117, 1966 N.Y. App. Div. LEXIS 4018

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

DecidedJune 13, 1966

StatusPublished

This text of 26 A.D.2d 557 (Meyers v. I. D. Precision Components Corp.) 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

Meyers v. I. D. Precision Components Corp., 26 A.D.2d 557, 272 N.Y.S.2d 117, 1966 N.Y. App. Div. LEXIS 4018 (N.Y. Ct. App. 1966).

Pincite

Opinion

In an action to recover upon an oral agreement to pay a commission, defendant appeals from an order of the Supreme Court, Queens County, [558]*558entered November 30, 1965, which denied defendant’s motion for summary judgment. Order reversed, without costs, and motion granted. In our opinion, the proof established that (1) plaintiff’s right to payment of a commission depended in part upon whether he had obtained an order thereafter shipped by defendant and (2) the order in question was neither obtained by plaintiff nor shipped by defendant. Upon such a record a trial court would have been compelled to direct judgment in defendant’s favor (CPLR 3212, subd. [b]). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover upon an oral agreement to pay a commission, defendant appeals from an order of the Supreme Court, Queens County, [558]*558entered November 30, 1965, which denied defendant’s motion for summary judgment. Order reversed, without costs, and motion granted. In our opinion, the proof established that (1) plaintiff’s right to payment of a commission depended in part upon whether he had obtained an order thereafter shipped by defendant and (2) the order in question was neither obtained by plaintiff nor shipped by defendant. Upon such a record a trial court would have been compelled to direct judgment in defendant’s favor (CPLR 3212, subd. [b]). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

26 A.D.2d 557, 272 N.Y.S.2d 117, 1966 N.Y. App. Div. LEXIS 4018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyers-v-i-d-precision-components-corp-nyappdiv-1966.