KATZ AGENCY, INC. v. HEFTEL BROAD. CORP.


56 A.D.2d 758 (1977)

Katz Agency, Inc., Appellant, v. Heftel Broadcasting Corporation, Respondent

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

March 8, 1977


The accuracy of the sum claimed by plaintiff is not in dispute. In any event plaintiff has established the correctness of the amount beyond question. The record established receipt of an account stated by defendant without complaint, acknowledgments of the indebtedness, a promise to arrange a payment schedule and an actual payment of part of the total indebtedness. Defendant contends plaintiff is not entitled to its commissions because

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