SEARCH

B&H ASSOCIATES OF NEW YORK LLC, d/b/a PRUDENTIAL DOUGLAS ELLIMAN REAL ESTATE, plf-ap, v. ANDREA ACKERMAN, defres

9300. B&H ASSOCIATES OF NEW YORK LLC, d/b/a PRUDENTIAL DOUGLAS ELLIMAN REAL ESTATE, plf-ap, v. ANDREA ACKERMAN, defres — Cole Hansen Chester, LLP, New York (Michael S. Cole of counsel), for ap — Margolin & Pierce, LLP, New York (Errol F. Margolin of counsel), for res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered July 18, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment, unanimously affirmed, without costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

9300. B&H ASSOCIATES OF NEW YORK LLC, d/b/a PRUDENTIAL DOUGLAS ELLIMAN REAL ESTATE, plf-ap, v. ANDREA ACKERMAN, defres — Cole Hansen Chester, LLP, New York (Michael S. Cole of counsel), for ap — Margolin & Pierce, LLP, New York (Errol F. Margolin of counsel), for res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered July 18, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

The provision of the parties’ April 25, 2007 letter agreement requiring plaintiff brokerage firm to pay defendant broker draws based on commissions (plural), which is not limited to any stated period of time, is ambiguous since it is subject to different interpretations (see Feldman v. National Westminster Bank, 303 AD2d 271 [1st Dept 2003], lv denied 100 NY2d 505 [2003]). Defendant also established the existence of triable issues of fact, including whether plaintiff was the first to repudiate this provision of the parties’ agreement.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Court Commissioner

SALARY: $8,000.69 Biweekly$17,334.83 Monthly$208,017.95 AnnuallyOPENING DATE: 01/29/2025CLOSING DATE: 02/27/2025 11:59 PM PacificDEFINITION/...

Apply Now ›

(NEW) SUPERVISORY LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client is seeking to hire a supervisory attorney for their growing Alabama team. Qualified candidates will have 8+ years of litigation...

Apply Now ›

(NEW) MID-SENIOR LEVEL LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client , is seeking to hire a mid-senior attorney for their growing Alabama team. Qualified candidates will have 4+ years of litigatio...

Apply Now ›