77 A.D.2d 790 | N.Y. App. Div. | 1980
Order unanimously reversed, with costs, and motion denied. Memorandum: In February, 1974 the parties executed a written contract whereby the Atkins agreed to assign to Union Processing Corporation (Union) a purchase contract for a scrap metal shredder. The contract provided that, as part of the consideration for the assignment, Union was to pay the Atkins 2% of the monthly gross revenues derived from the sale of metal processed by the shredder for a period of seven years. In conjunction