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Rasmussen v AA Frontier (2004 NY Slip Op 51548(U))
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Decided on December 8, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: December 8, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., GOLIA and RIOS, JJ. 2004-240 Q C
CARL ERIK RASMUSSEN, Appellant,
against
AA FRONTIER d/b/a RE/MAX FRONTIER, Respondent.
Appeal by plaintiff from a decision of the Civil Court, Queens County (A. Agate, J.), dated February 28, 2003, deemed (see CPLR 5520 [c]) an appeal from a judgment of the same court, entered July 3, 2003, in favor of defendant dismissing the action.
Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiff in the sum of $6,651.08.
In this action to recover a commission owed, defendant admitted before the lower court that plaintiff earned a commission in the amount of $6,651.08, and that a
file:///C|/Users/Peter/Desktop/NY/2/2004_51548.htm[4/21/2013 1:41:48 PM] Rasmussen v AA Frontier (2004 NY Slip Op 51548(U))
check in that amount was tendered. In the absence of proof that such check was negotiated,
judgment in favor of the plaintiff should have been entered for said amount.

Decision Date: December 08, 2004

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