Goodman-Marks Associates Inc. v. Westbury Post Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this action to recover the balance of a brokerage commission alleged to be due and owing, plaintiff appeals from so much of a judgment as dismissed his first cause of action against defendant Paul Schmergel, after a nonjury trial.
For the reasons that follow, the judgment should be reversed insofar as appealed from, plaintiff should be awarded judgment against said defendant on the first cause of action, and the action should be remitted to Special Term for further proceedings and for the entry of an appropriate amended judgment.
In 1972 defendant Paul Schmergel…
3Cases cited10 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- Durnherr v. . RauNew York Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
4Cited by36 opinions
- Septembertide Publishing, B.V. v. Stein And Day, Inc.Court of Appeals for the Second Circuit · 1989
- Key International Manufacturing, Inc. v. Morse/Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Cauble v. Mabon Nugent & Co.District Court, S.D. New York · 1984
- Nepco Forged Products, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1984
- MK West Street Co. v. Meridien Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
31 more not listed; retrieve them via the Exa API.