Watling v. Hiawatha Plaza Associates
453 N.E.2d 540, 59 N.Y.2d 964, 466 N.Y.S.2d 311, 1983 N.Y. LEXIS 3256
Opinion
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and complaint reinstated. In light of defendant’s concession that paragraph 7 of the commission agreement was incorporated at its insistence, it was error for the Appellate Division to construe it strictly against the plaintiff. There are, therefore, triable issues of fact.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.
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Watling v. Hiawatha Plaza Associates, 453 N.E.2d 540, 59 N.Y.2d 964, 466 N.Y.S.2d 311, 1983 N.Y. LEXIS 3256 (N.Y. 1983).
453 N.E.2d 540 (Watling v. Hiawatha Plaza Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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