Close-It Enterprises, Inc. v. Weinberger

—In an action, inter alia, to recover amounts advanced as commissions for sales, but not yet earned, defendant appeals from a judgment of the Supreme Court, Westchester County, dated June 3, 1977, which is in favor of plaintiff, upon a jury verdict. Judgment reversed, on the law, with costs, and new trial granted. Defendant was sued by his former employer to recover $1,550 allegedly due on commission overdrafts which had been written up as promissory notes. Defendant’s sole defense was embodied in his counterclaim, wherein he claimed $8,750 due as sales commissions. After the jury was…