PHIL KRIEGEL ASSOCS., INC. v. M. LAHM KNITTING MILL, INC.


179 A.D.2d 539 (1992)

Phil Kriegel Associates, Inc., Appellant, v. M. Lahm Knitting Mill, Inc., Doing Business as Lahm Knitting Mills, Respondent. (And a Third-Party Action.)

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

January 23, 1992


There is no real dispute that the commission agreement in issue commenced in 1977. Uncertainty as to whether this partially oral and partially written agreement included a provision concerning exclusivity does not render it unenforceable. Exclusivity of representation is not an essential term in a sales representative's agreement. The agreement, specific with respect to the essential terms of commission, was not a mere agreement to agree (cf., Paladino v Brovitz...

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