Opinion
Decided June 30, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, PARKER J. STONE, J.
Kenneth D. Whitelaw for appellant.
Michael Felice for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and complaint reinstated. In light of defendant's concession that paragraph 7 of the commission agreement was incorporated at its insistence, it was error for the Appellate Division to construe it strictly against the plaintiff. There are, therefore, triable issues of fact.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.