MULVIHILL v. DI PRIMA


47 A.D.2d 560 (1975)

Madeleine F. Mulvihill, Doing Business as Mulvihill Real Estate, Appellant, v. Charles Di Prima et al., Respondents

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

January 27, 1975


Order modified, on the law, by striking therefrom the first decretal paragraph, which granted defendants' motion, and substituting therefor a provision denying said motion. As so modified, order affirmed, without costs.

In our opinion there are factual issues which require resolution by trial. The plaintiff broker procured purchasers who, together with defendants, as sellers, and plaintiff, signed a binder agreement on October 21, 1972. The binder agreement described...

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