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Fursmidt v. Hotel Abbey Holding Corp.

Supreme Court of New York
10 A.D.2d 447 (N.Y. Sup. Ct. 1960)


Facts

Fursmidt (plaintiff) and his father operated a valet and laundry service in a hotel operated by Hotel Abbey Holding Corp. (Hotel Abbey) (defendant). On February 1, 1958, the parties entered an agreement whereby Fursmidt would pay Hotel Abbey $325.00 per month for the right to provide valet and laundry services at the hotel. Hotel Abbey was to control the prices set by Fursmidt and the hours of Fursmidt’s services. The contract further specified that the services provided by Fursmidt be to the satisfaction of Hotel Abbey. In October 1958, Hotel Abbey terminated Fursmidt’s services. Fursmidt brought suit, arguing that Hotel Abbey had no right to terminate the contract. Hotel Abbey responded that the contract allowed it to terminate the contract because it found Fursmidt’s services unsatisfactory. The trial court instructed the jury that it must find for Fursmidt if it found that Hotel Abbey’s dissatisfaction was objectively unreasonable. Judgment was issued in favor of Fursmidt.

Rule of Law

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Issue

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Holding and Reasoning (Rabin, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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