Appellate Division of the Supreme Court of New York, 1960

Zimmerman v. Enterprise Wall Paper Manufacturing Co.

Zimmerman v. Enterprise Wall Paper Manufacturing Co.
Appellate Division of the Supreme Court of New York · Decided April 27, 1960
10 A.D.2d 891; 202 N.Y.S.2d 224; 1960 N.Y. App. Div. LEXIS 10416
Zimmerman v. Enterprise Wall Paper Manufacturing Co.

Opinion of the Court

In an action to recover salesman’s commissions and damages for the breach of an employment contract, the appeals are (1) by plaintiff, from so much of an order of the Supreme Court, Queens County, entered September 17, 1959, as grants defendant’s motion for summary judgment dismissing the first cause of action and denies plaintiff’s motion to strike the defense of res judicata insofar as it is pleaded in answer to said first cause of action; and (2) by defendant, from so much of the same order as denies defendant’s motion to dismiss the second cause of action and grants plaintiff’s motion to strike the defense of res judicata insofar as it is pleaded in answer to said second cause of action. Order, insofar as appealed from, affirmed, without costs. No opinion. Beldock, Acting P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.