Legal Opinion
Welbourne & Purdy, Inc. v. Mahon
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1976PublishedCited by 7 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered March 24, 1976 in Schenectady County, which denied defendants’ motion for summary judgment dismissing the complaint. Plaintiffs brought the instant action to recover the balance of a brokerage fee allegedly due from defendants. On this appeal defendants argue that they should have been granted summary judgment based on the defense of accord and satisfaction. Under the circumstances presented, we agree. It is undisputed that plaintiffs were to receive a commission of 10% of the selling price for their efforts in bringing about…
2Cases cited4 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Carlton Credit Corp. v. Atlantic Refining Co.Appellate Division of the Supreme Court of the State of New York · 1960
- Carlton Credit Corp. v. Atlantic Refining Co.New York Court of Appeals · 1961
3Cited by7 opinions
- Kroulee Corp. v. A. Klein & Co.New York Supreme Court · 1980
- First Security Mortgage Co. v. Goldmark Plastics Compounds, Inc.District Court, E.D. New York · 1994
- Pepper's Steel & Alloys, Inc. v. Lissner Minerals & Metals, Inc.District Court, S.D. New York · 1980
- Cohen v. RicciMount Vernon City Court · 1983
- Wilcox Press, Inc. v. Beauty Fashion, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
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