Legal Opinion
Lester Morse Co. v. 3 Hanover Square Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 1989PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (David H. Edwards, Jr., J.), entered June 14, 1989, which denied plaintiff-appellant’s motion for summary judgment, unanimously reversed, on the law, and the motion granted, without costs.
The terms of the letter agreement between the parties are clear and unambiguous, and Supreme Court erred in ordering a trial to determine whether payment of plaintiff-appellant’s brokerage commission was contingent upon a condition not referred to in the written agreement.
Plaintiff-appellant was retained by defendant-respondent’s board of directors as an exclusive broker…
2Cases cited5 opinions
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Smith v. . PeyrotNew York Court of Appeals · 1911
- Salzman v. Bowyer Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Patco Homes, Inc. v. RochettiAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Golub Associates Inc. v. Lincoln-Shire Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Multiloan Mortgage Co. v. Asian Gardens Ltd.Appellate Division of the Supreme Court of the State of New York · 2003
- Lelin v. ShresthaAppellate Terms of the Supreme Court of New York · 2009
- Lelin v. ShresthaAppellate Division of the Supreme Court of the State of New York · 2011
- Saxon Capital Corp. v. Wilvin AssociatesAppellate Division of the Supreme Court of the State of New York · 1993