Wattley v. Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Wattley v. Mutual Life Insurance

283 A.D. 931, 130 N.Y.S.2d 873, 1954 N.Y. App. Div. LEXIS 5795

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

DecidedMay 18, 1954

StatusPublished

This text of 283 A.D. 931 (Wattley v. Mutual Life Insurance) 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

Wattley v. Mutual Life Insurance, 283 A.D. 931, 130 N.Y.S.2d 873, 1954 N.Y. App. Div. LEXIS 5795 (N.Y. Ct. App. 1954).

Pincite

Opinion

On plaintiff’s appeal the judgment is unanimously affirmed, with costs to the defendant, and on defendant’s appeal the judgment is unanimously reversed and judgment on the first cause of action entered in favor of the defendant, with costs. Plaintiff’s partial recovery on the first cause of action is unwarranted. The payment which the lessee was required to make under the lease in excess of $90,000 per year was not established to have become a part of the net rent entitling plaintiff t > an additional commission. Settle order on notice. Present — Peck, P. J., Cohn Breitel, Botein and Bergan, JJ. [See 284 App. Div. 876.]

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On plaintiff’s appeal the judgment is unanimously affirmed, with costs to the defendant, and on defendant’s appeal the judgment is unanimously reversed and judgment on the first cause of action entered in favor of the defendant, with costs. Plaintiff’s partial recovery on the first cause of action is unwarranted. The payment which the lessee was required to make under the lease in excess of $90,000 per year was not established to have become a part of the net rent entitling plaintiff t > an additional commission. Settle order on notice. Present — Peck, P. J., Cohn Breitel, Botein and Bergan, JJ. [See 284 App. Div. 876.]

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Bluebook (online)

283 A.D. 931, 130 N.Y.S.2d 873, 1954 N.Y. App. Div. LEXIS 5795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wattley-v-mutual-life-insurance-nyappdiv-1954.