Watling v. Hiawatha Plaza Associates
This text of 453 N.E.2d 540 (Watling v. Hiawatha Plaza Associates) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
453 N.E.2d 540, 59 N.Y.2d 964, 466 N.Y.S.2d 311, 1983 N.Y. LEXIS 3256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watling-v-hiawatha-plaza-associates-ny-1983.