Legal Opinion

Hirsch v. S. Berger Import & Manufacturing Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1979PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

Plaintiff, a former salesman in defendant’s employ, seeks the recovery of commissions allegedly due for the period of February, 1968 through December, 1972. Originally employed on a salary basis, plaintiff orally agreed with defendant to have his compensation as of July, 1970, based on commissions. Thereafter plaintiff received monthly advances of $1,600. He was to receive periodic additional payments when earned commissions exceeded the aggregate of the advances.

After a period of continued disagreement as to the amount of commissions due, a written agreement…

2Cases cited6 opinions

  1. Curry v. MacKenzieNew York Court of Appeals · 1925
  2. Fuller v. . KempNew York Court of Appeals · 1893
  3. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  4. Rubin v. Irving Trust Co.New York Court of Appeals · 1953
  5. Hicks v. BushNew York Court of Appeals · 1962

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Manley v. Pandick Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  2. EchoStar Satellite L.L.C. v. ESPN, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Dependable Lists, Inc. v. MalekAppellate Division of the Supreme Court of the State of New York · 1983
  4. Saunder v. BaryshnikovAppellate Division of the Supreme Court of the State of New York · 1985
  5. Blottner, Derrico, Weiss & Hoffman, P. C. v. FierCivil Court of the City of New York · 1979

15 more not listed; retrieve them via the Exa API.

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