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Watling v. Hiawatha Plaza Associates

59 N.Y.2d 964 Court N.Y. Decision date 1983-06-30 English

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p. 964
James F. Watling, Appellant, v Hiawatha Plaza Associates et al., Respondents.
Decided June 30, 1983
p. 965
APPEARANCES OF COUNSEL
Kenneth D. Whitelaw for appellant.
Michael Felice for respondents.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and complaint reinstated. In light of defendant’s concession that paragraph 7 of the commission agreement was incorporated at its insistence, it was error for the Appellate Division to construe it strictly against the plaintiff. There are, therefore, triable issues of fact.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.