New York Court of Appeals
Albert L. Sutton, as Executor of Leon A. Sutton, Deceased, Respondent v. East River Savings Bank, Appellant, Et…
May 11, 198255 N.Y.2d 550
Summary
The Court of Appeals affirmed summary judgment for the broker's estate, holding that the letter agreement required the bank to pay the $10,000 commission despite the foreclosure sale, and that the trial judge may resolve any contractual ambiguity without extrinsic evidence. Justice Meyer dissented, arguing the plaintiff had not established a prima facie case.