Legal Opinion
Train v. Ardshiel Associates, Inc.
District Court, S.D. New York
Decided May 15, 1986No. 83 Civ. 2584 (LLS)PublishedCited by 6 opinions
1Opinion of the Court
OPINION
STANTON, District Judge.
This case presents one of the recurring types of disputes which arise when a large acquisition or merger has been completed and a brokerage commission or finder’s fee is sought, based on an asserted oral agreement. Here the claim is by an alleged finder for a share of the fee already collected from the principal by a firm of financial consultants. It raises the familiar questions whether there was an agreement, whether such an agreement is barred by the statute of frauds, and whether the plaintiff performed his part.
After a three-day nonjury trial, I resolve…
2Cases cited15 opinions
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Minichiello v. Royal Business Funds Corp.New York Court of Appeals · 1966
- Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
- Dura v. Walker, Hart & Co.New York Court of Appeals · 1971
- Klein v. SmigelAppellate Division of the Supreme Court of the State of New York · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Warshay v. Guinness PLCDistrict Court, S.D. New York · 1990
- Train v. Ardshiel AssocCourt of Appeals for the Second Circuit · 1986
- Futersak v. PerlNew York Supreme Court · 2010
- Int'l Techs. Mktg., Inc. v. Verint Sys., Ltd.Court of Appeals for the Second Circuit · 2021
- RainMakers Partners LLC v. NewSpring Capital, LLCDistrict Court, S.D. New York · 2022
1 more not listed; retrieve them via the Exa API.