Raycarr Sales Corp. v. Herman Rynveld's Son Corp.

Appellate Division of the Supreme Court of New York

Raycarr Sales Corp. v. Herman Rynveld's Son Corp.

1 A.D.2d 952, 150 N.Y.S.2d 619, 1956 N.Y. App. Div. LEXIS 5627

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 1956·Published·Cited by 3 cases

Opinion

Order unanimously reversed on the defendant’s appeal and the plaintiff’s motion to dismiss the counterclaim denied. There are issues of fact raised by the pleadings as to whether plaintiff exercised his best efforts to promote sales of defendant’s product to the customers listed in the agreement and to other accounts in the trade to the extent required by the said agreement. Plaintiff’s appeal from that part of the order granting leave to replead, having become academic, is dismissed. Settle order on notice. Concur — Botein, J. P., Cox, Valente and Bergan, JJ.

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Order unanimously reversed on the defendant’s appeal and the plaintiff’s motion to dismiss the counterclaim denied. There are issues of fact raised by the pleadings as to whether plaintiff exercised his best efforts to promote sales of defendant’s product to the customers listed in the agreement and to other accounts in the trade to the extent required by the said agreement. Plaintiff’s appeal from that part of the order granting leave to replead, having become academic, is dismissed. Settle order on notice. Concur — Botein, J. P., Cox, Valente and Bergan, JJ.

Raycarr Sales Corp. v. Herman Rynveld's Son Corp., 1 A.D.2d 952, 150 N.Y.S.2d 619, 1956 N.Y. App. Div. LEXIS 5627 (N.Y. Ct. App. 1956).

Pincite

1 A.D.2d 952 (Raycarr Sales Corp. v. Herman Rynveld's Son Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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