Jacobs Persinger Parker v. Ringer

Full title: JACOBS PERSINGER PARKER, Respondent, v. JULES J. RINGER, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 4, 1999

258 A.D.2d 280 (N.Y. App. Div. 1999)

685 N.Y.S.2d 60

Opinion

February 4, 1999

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

Since the compensation terms of the parties' agreement are sufficiently explicit and capable of definitive ascertainment to be enforced ( see, Cobble Hill Nursing Home v. Henry Warren Corp., 74 N.Y.2d 475, 482-485, cert denied 498 U.S. 816), and those terms unambiguously entitle plaintiff law firm to repayment of "draw" monies advanced to defendant, the motion court properly granted plaintiff summary judgment upon its contract claim for the recovery of such monies. Contrary to defendant's contention, the agreement is neither unconscionable nor one of adhesion ( see, Sabolsky v. Gordon Co., 73 N.Y.2d 133, 138-139).

Concur — Sullivan, J. P., Rosenberger, Nardelli and Saxe, JJ.