COOKE v. MANHATTAN GALLERIES, INC.


48 A.D.2d 793 (1975)

Doris Cooke, Appellant, v. Manhattan Galleries, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1975


As so modified the order is otherwise affirmed, with $60 costs and disbursements to appellant. There is no dispute that defendants sold certain items of plaintiff's personal property at auction on March 20, 1974, for a total price of $21,700. Defendants were entitled to a commission of $4,430. Defendants sent a check to plaintiff for $17,360, which check was returned by plaintiff because defendants did not consent to such payment "without prejudice" to other claims plaintiff...

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