BERNICE MOSCA, plfres, v. MASS LLC, def-ap

9082. BERNICE MOSCA, plfres, v. MASS LLC, def-ap — Harlowtown Community Law Office, New York (T.S.M. Mohammed of counsel), for ap — BERNICE MOSCA, RESPONDENT PRO SE.—Appeal from decision, Supreme Court, New York County (Eileen Bransten, J.), entered August 22, 2011, deemed an appeal from judgment (CPLR 5520[c]), same court and Justice, entered September 30, 2011, awarding plaintiff the principal amount of $89,269.50, unanimously reversed, on the law and the facts, without costs, the judgment vacated, and the matter remanded to the trial court for further proceedings consistent with this decision.

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9082. BERNICE MOSCA, plfres, v. MASS LLC, def-ap — Harlowtown Community Law Office, New York (T.S.M. Mohammed of counsel), for ap — BERNICE MOSCA, RESPONDENT PRO SE.—Appeal from decision, Supreme Court, New York County (Eileen Bransten, J.), entered August 22, 2011, deemed an appeal from judgment (CPLR 5520[c]), same court and Justice, entered September 30, 2011, awarding plaintiff the principal amount of $89,269.50, unanimously reversed, on the law and the facts, without costs, the judgment vacated, and the matter remanded to the trial court for further proceedings consistent with this decision.

In this action seeking damages for breach of contract and in quantum meruit, the commission agreement between defendant, an advertising agency, and plaintiff, an advertising consultant, “read as a whole to determine its purpose and intent” (W.W.W. Assoc. v. Giancontieri, 77 NY2d 157, 162 [1990]), plainly manifests the intention to provide plaintiff with a finder’s fee of 50 percent of defendant’s first-year revenues under a retainer agreement with a client only if defendant was retained by the client for a period of at least two years. Further, the commission agreement shows that the parties intended to reduce plaintiffs finder’s fee from 50 percent to 25 percent if the retainer between the client and the defendant ended for any reason within 2 years, and that plaintiff would reimburse defendant for any amount overpaid under the agreement.

BERNICE MOSCA, plfres, v. MASS LLC, def-ap

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