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RAYMOND BABTKIS ASSOCS., INC. v. TARAZI REALTY CORP.

36 A.D.2d 694 (1971)

Raymond Babtkis Associates, Inc., Respondent, v. Tarazi Realty Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 1, 1971

The second cause of action, as pleaded, does not cure the deficiency pointed out by this court in its prior decision in this case. At that time this court held that "The plaintiff * * * fails to plead a valid agreement with the tenant to pay commissions". (34 A.D.2d 754, 755.) Plaintiff has failed to allege, in its present pleading, or in its affidavits, any consideration for the claimed "oral agreement" with the prospective tenant to pay...

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