McKinney v. Penachio

The documentary proof creates a triable issue as to whether the earlier overriding commission contract, upon which this action is based, was rescinded and waived. Accordingly the *1013motion for summary judgment should have been denied. Judgment and order appealed, from unanimously reversed, with costs to the appellants, and the motion for summary judgment denied. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.