Sales To Industry Corp. v. Johnson Electric North America, Inc.

Appellate Division of the Supreme Court of New York

Sales To Industry Corp. v. Johnson Electric North America, Inc.

92 A.D.2d 890, 460 N.Y.S.2d 281, 1983 N.Y. App. Div. LEXIS 17279

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1983·Published

Opinion

— In an action to recover a commission allegedly earned by plaintiff pursuant to a sales representation contract, defendant appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated June 24, 1982, which denied its motion for summary judgment. Order affirmed, with $50 costs and disbursements. As a matter of law, there has been no showing of duress in this case. Nevertheless the existence of other material issues of fact precludes a grant of summary judgment (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395; Moyer v Briggs, 47 AD2d 64). Lazer, J. P., Gulotta, Brown and Boyers, JJ., concur.

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— In an action to recover a commission allegedly earned by plaintiff pursuant to a sales representation contract, defendant appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated June 24, 1982, which denied its motion for summary judgment. Order affirmed, with $50 costs and disbursements. As a matter of law, there has been no showing of duress in this case. Nevertheless the existence of other material issues of fact precludes a grant of summary judgment (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395; Moyer v Briggs, 47 AD2d 64). Lazer, J. P., Gulotta, Brown and Boyers, JJ., concur.

Sales To Industry Corp. v. Johnson Electric North America, Inc., 92 A.D.2d 890, 460 N.Y.S.2d 281, 1983 N.Y. App. Div. LEXIS 17279 (N.Y. Ct. App. 1983).

Pincite

92 A.D.2d 890 (Sales To Industry Corp. v. Johnson Electric North America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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