Legal Opinion
Nickerson v. Volt Delta Resources, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1995PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.), entered January 10, 1994, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment, unanimously affirmed, without costs.
We disagree with the IAS Court that the alleged agreement is too indefinite to be enforced, the "industry standards” upon which the modified commission amount was to be based being a sufficiently definite extrinsic standard (see, Cobble Hill Nursing Home v Henry & Warren Corp., 74 NY2d 475, 483) and the other missing terms…
2Cases cited4 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
- Namad v. Salomon Inc.New York Court of Appeals · 1989
- American Dental Cooperative, Inc. v. Attorney-GeneralAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by2 opinions
- B. Boman & Co., Inc. v. Professional Data Management Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Chanin v. MachcinskiAppellate Division of the Supreme Court of the State of New York · 2016