Mattlage Sales, Inc. v. Howard Johnson's Wholesale Division, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover commissions allegedly due on the sale of certain food products, defendants appeal from a judgment of the Supreme Court, Nassau County, entered October 29, 1971, in favor of plaintiffs, upon a decision granting plaintiffs’ motion for summary judgment. Judgment reversed, on the law, with $10 costs and disbursements, and motion denied. Plaintiffs were retained by defendants as food brokers pursuant to an oral agreement which was later confirmed by a written agreement. The agreement, which was revocable by defendants, was terminated by them effective October 2, 1970. This…
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