JACOBS PERSINGER PARKER v. RINGER (1999)

Supreme Court, Appellate Division, First Department, New York.

JACOBS PERSINGER & PARKER, Plaintiff-Respondent, v. Jules J. RINGER, Defendant-Appellant.

Decided: February 04, 1999

SULLIVAN, J.P., ROSENBERGER, NARDELLI and SAXE, JJ.

I. Michael Bayda, for Plaintiff-Respondent. Victor K. Soffer, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered July 15, 1998, which, upon the grant of plaintiff's cross motion for summary judgment, awarded plaintiff the total amount of $57,104.35, unanimously affirmed, without costs.

Since the compensation terms of the parties' agreement are sufficiently explicit and capable of definitive ascertainment to be enforced (see, Cobble Hill Nursing Home, Inc. v. Henry and Warren Corp., 74 N.Y.2d 475, 482-485, 548 N.Y.S.2d 920, 548 N.E.2d 203, cert. denied 498 U.S. 816, 111 S.Ct. 58, 112 L.Ed.2d 33), 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, Sablosky v. Edward S. Gordon Co., 73 N.Y.2d 133, 138-139, 538 N.Y.S.2d 513, 535 N.E.2d 643).

MEMORANDUM DECISION.

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