AMUSEMENT BUS. UNDERWRITERS v. AM. INT'L GROUP, INC.


66 N.Y.2d 878 (1985)

Amusement Business Underwriters, a Division of Bingham & Bingham, Inc., Respondent, v. American International Group, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided November 21, 1985.


Attorney(s) appearing for the Case

Robert E. Kushner for appellants.

Lester E. Fetell for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs, by remitting the case to Supreme Court for a new trial on the issue of damages only, and, as so modified, affirmed.

In December 1981 plaintiff, an insurance brokerage firm, commenced an action for an accounting claiming that defendants had not made full payment under the parties' contingent commission agreement. In their answer, defendants...

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