GURNEY, BECKER & BOURNE, INC. v. SIMON


89 A.D.2d 795 (1982)

Gurney, Becker & Bourne, Inc., Respondent, v. Robert B. Simon, Appellant

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

July 9, 1982


Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

The complaint alleges that plaintiff, a licensed real estate brokerage, entered into an oral agreement with defendant whereby defendant was to pay plaintiff brokerage commissions over a 10-year period as a percentage of rent on premises owned by defendant for which plaintiff had obtained a lessee. Defendant's motion to dismiss (CPLR 3211, subd [a], par 5) was properly...

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