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HELMSLEY-SPEAR v. BIGELOW SANFORD CO.

32 Misc.2d 817 (1961)

Helmsley-Spear, Inc., Plaintiff, v. Bigelow Sanford Carpet Company, Inc., Defendant.

Supreme Court, Special Term, New York County.

December 21, 1961

Attorney(s) appearing for the Case

Hecht & Glaser (Samuel Hecht of counsel), for plaintiff. Cahill, Gordon, Reindel & Ohl (Paul W. Williams, Kenneth D. Wallace and Daniel B. Burns of counsel), for defendant.

ARTHUR MARKEWICH, J.

Plaintiff moves for summary judgment dismissing the complaint.

In a first cause of action plaintiff counts upon the written brokerage contract, and in the second cause of action plaintiff seeks to recover the value of services rendered. Plaintiff has been engaged as a nonexclusive broker, and the contract provided:

"This listing is not an exclusive listing with your firm. The property is being listed with a limited...

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