PERELMUTTER v. NEW ENGLAND MUT. LIFE INS. CO.


79 A.D.2d 583 (1980)

Daniel B. Perelmutter, Respondent, v. New England Mutual Life Insurance Company, Defendant, and Marks/Kronish Agency, Individually and as Successor to David Marks Agency et al., Appellants

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

December 23, 1980


Reversed, on the law, with costs, the motion for summary judgment dismissing the complaint is granted, and the counterclaim is severed.

In December, 1964, plaintiff became a career agent with the David Marks Agency (predecessor of the Marks/Kronish Agency), a general agent for the New England Mutual Life Insurance Company. An "Agent's Career Contract" was entered into by the parties, which embodied two provisions pertinent to issues presented on this appeal from Special...

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