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EGAN REAL ESTATE v. McGRAW

40 A.D.2d 299 (1973)

Egan Real Estate, Inc., Respondent, v. Larry McGraw et al., Appellants

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

January 18, 1973.

Attorney(s) appearing for the Case

Armani & Whelan (Kevin Whelan of counsel), for Larry McGraw, appellant.

Costello, Cooney & Fearon (Bruce B. Roswig of counsel), for Shell Oil Company, appellant.

Welch, Welch & Carr (Anthony P. Adorante of counsel), for respondent.

DEL VECCHIO, J. P., MARSH, CARDAMONE and HENRY, JJ., concur.

WITMER, J.

Defendants appeal from an order denying their motions for summary judgment dismissing the complaint. The action is by a real estate broker to recover damages in lieu of a commission on a lease on the theory that defendant McGraw and defendant Shell Oil Company (Shell) conspired to deprive plaintiff of its commission. Plaintiff alleges that its agent, Gardner, "consult[ed] with" McGraw, then informed...

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