ATKIN v. UNION PROCESSING CORP.


77 A.D.2d 790 (1980)

Morris Atkin et al., Respondents, v. Union Processing Corporation et al., Appellants

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

July 10, 1980


Order unanimously reversed, with costs, and motion denied.

Memorandum:

In February, 1974 the parties executed a written contract whereby the Atkins agreed to assign to Union Processing Corporation (Union) a purchase contract for a scrap metal shredder. The contract provided that, as part of the consideration for the assignment, Union was to pay the Atkins 2% of the monthly gross revenues derived from the sale of metal processed by the shredder for a period...

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