CIMARRON REALTY 100 LTD. v. HORNER


114 A.D.2d 924 (1985)

Cimarron Realty 100 Ltd., Doing Business as Realty 100 Bently Realty, Inc., Respondent, v. Milford Horner et al., Appellants

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

November 18, 1985


Order reversed, on the law, with costs, motion granted and complaint dismissed.

Plaintiff seeks to recover a brokerage commission under an agreement which provided in pertinent part that "[t]he undersigned owner [defendants] hereby agrees to pay you or the Participating Selling Realtor a commission of 7% of the sales price in the event that the property or any portion thereof is sold or exchanged" (emphasis added). Thus, the agreement specifically provided...

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