Legal Opinion
Bovino v. Berberian
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1938PublishedCited by 3 opinions
1Opinion of the CourtDore, J.
This action is for commissions alleged to be due plaintiff as a broker on behalf of defendant in the sale of sixty carloads of grapes. Plaintiff appeals from an order of Special Term granting defendant’s motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice and dismissing plaintiff’s counter-motion to dismiss the second affirmative defense.
The defense in question alleged that plaintiff was conducting the business of a commission merchant or broker in interstate commerce without a license, and by reason thereof the alleged contract of employment was illegal and…
2Cases cited5 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Fosdick v. Investors Syndicate, Inc.New York Court of Appeals · 1934
- Farber v. John Aquino Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1938
- John E. Rosasco Creameries, Inc. v. CohenAppellate Division of the Supreme Court of the State of New York · 1936
- Segal v. Chemical Importing & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1923
3Cited by3 opinions
- Posner v. United States Fidelity & Guaranty Co.New York Supreme Court · 1962
- Shorten v. MilbankNew York Supreme Court · 1939
- Brew, Woltman & Co. v. AnthonyDistrict Court, S.D. New York · 1951