CARNES COMMUNICATIONS, INC. v. RUSSO


305 A.D.2d 332 (2003)

761 N.Y.S.2d 615

CARNES COMMUNICATIONS, INC., Appellant, v. JOSEPH DELLO RUSSO, M.D., et al., Respondents. JOSEPH DELLO RUSSO, M.D., et al., Third-Party Plaintiffs-Respondents, v. CARNES COMMUNICATIONS, INC., et al., Third-Party Defendants-Appellants.

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

Decided May 29, 2003.


Because the alleged agency agreement, pursuant to which plaintiff was to act as defendants' exclusive agent in placing advertisements for defendant's Eye Center, did not expressly prohibit defendant principals from placing advertisements for the Eye Center themselves or entitle plaintiff to commissions for advertising placed directly by defendant principals, the complaint was properly dismissed insofar as it was premised upon the theory that the direct placement of advertising...

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