C. A. S. ENTERS., INC. v. NEWMAN


70 A.D.2d 981 (1979)

C. A. S. Enterprises, Inc., Respondent-Appellant, v. E. Ruth Newman, Appellant-Respondent

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

June 14, 1979


Plaintiff sued the defendant to recover the balance of its real estate commission. Defendant denied that any commission was due in her answer to the complaint and counterclaimed to recover the $2,000 deposit in plaintiff's possession. On September 2, 1977 defendant moved for summary judgment dismissing the complaint and for summary judgment in her favor on the counterclaim on the ground that her contract with the plaintiff had provided that plaintiff would not be entitled...

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