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ESTERCES & ASSOCIATES v. COASTAL COMMUNICATIONS CORPORATION

271 A.D.2d 286 (2000)

707 N.Y.S.2d 62

ESTERCES & ASSOCIATES, Respondent, v. COASTAL COMMUNICATIONS CORPORATION, Appellant.

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

Decided April 13, 2000.

A fair interpretation of the evidence supports the Special Referee's finding that defendant did not have good cause to terminate its one-year commission agreement with plaintiff (see, Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495), and that plaintiff is therefore entitled to unpaid commissions. As to whether there are any unpaid commissions, defendant relies on a "pay-when-paid" provision in the subject agreement, under which defendant...

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