Jerry Miller Associates, Inc. v. Ganger

• Decision Date: 07 February 1994
• Citation: Jerry Miller Associates, Inc. v. Ganger, 607 N.Y.S.2d 131, 201 A.D.2d 461 (N.Y. App. Div. 1994)
• Parties: JERRY MILLER ASSOCIATES, INC., Respondent, v. Robert A. GANGER, et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 131

607 N.Y.S.2d 131

201 A.D.2d 461

JERRY MILLER ASSOCIATES, INC., Respondent, v.Robert A. GANGER, et al., Appellants.

Supreme Court, Appellate Division Second Department.

Feb. 7, 1994.

Robert A. Ganger, pro se.

Alan E. Golomb, Mineola, for respondent.

Before THOMPSON, J.P., and ROSENBLATT, RITTER, FRIEDMANN and KRAUSMAN, JJ.

MEMORANDUM BY THE COURT.

In an action, inter alia, to recover damages for unfair competition, the defendants appeal from an order of the Supreme Court, Nassau County(Saladino, J.), dated November 20, 1991, which granted the plaintiff's motion for partial summary judgment dismissing their second, third, and fourth counterclaims.

ORDERED that the order is reversed, on the law, with costs, the motion for partial summary judgment is denied, and the second, third, and fourth counterclaims are reinstated.

We conclude that the alleged oral agreement which involved the exchange of the defendantRobert Ganger's services for commissions equal to a percentage of the profits of the plaintiff corporation did not confer on Ganger an equity participation in the...