Ordered that the judgment is affirmed, with costs.
Pursuant to a contract to convey real property entered into between the appellant as a purchaser and Ben A. Lipshy as the seller, the appellant agreed to pay any commission earned by the plaintiff, the real estate broker who first showed the subject premises to the appellant. Although the brokerage agreement was oral, and was never reduced to a signed writing, it is undisputed that the agreed-upon brokerage fee was...
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