Legal Opinion
Barrett v. Jacobs
New York Court of Appeals
Decided February 19, 1931PublishedCited by 100 opinions
1Per curiam
On an application for summary judgment under rule 113, Rules of Civil Practice, the only question is whether an unsubstantial formal defense has been interposed for purposes of delay. Judgment should not be granted unless it is clear that plaintiff has made out a case on the undisputed material facts presented on the record by affidavit or other proof. (Curry v. Mackenzie, 239 N. Y. 267, 269.)
In this case it is not clear that the action was not prematurely brought; it is not clear that the respondents have earned their commissions under their contract of employment. It is significant,…
2Cases cited1 opinion
- Curry v. MacKenzieNew York Court of Appeals · 1925
3Cited by100 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
- Fogel v. Hertz International, Ltd.Appellate Division of the Supreme Court of the State of New York · 1988
- Ferluckaj v. Goldman Sachs & Co.New York Court of Appeals · 2009
- Gibson v. American Export Isbrandtsen Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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