LAPOTIN v. GRUEN-SIMPLEX CORP.


306 N.Y. 833 (1954)

Nathan W. Lapotin, Doing Business as Pioneer Steel & Engineering Co., Respondent, v. Gruen-Simplex Corporation, Appellant.

Court of Appeals of the State of New York.

Decided March 11, 1954


Attorney(s) appearing for the Case

Spencer Pinkham and Joseph J. Pettinato, Jr., for appellant.

Milton Gurwitz for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.


Per Curiam.

In this action by plaintiff to recover commissions allegedly due and owing from defendant under a written contract, defendant moved, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the complaint for legal insufficiency. The courts below have held the complaint to be sufficient in law. By paragraph 4 of his complaint, plaintiff has appropriately restricted his right to recover commissions...

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