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  5. 70 N.Y.2d 828 (1987)
 

FEINBERG BROS. AGENCY, INC. v. BERTED REALTY CO., INC.

70 N.Y.2d 828 (1987)

Feinberg Bros. Agency, Inc., Appellant, v. Berted Realty Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Robert Konove for appellant.

Charles K. McGoey for respondent.

John T. DeGraff, Jr., Michael T. Wallender and James T. Potter for New York State Association of Realtors, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs, by denying defendant's motion for summary judgment, and, as so modified, affirmed.

Plaintiff, Feinberg Bros. Agency, Inc., a licensed real estate broker, instituted this action to recover commissions due it from defendant Berted Realty Co., Inc. It is alleged in the complaint that on May 24, 1983 plaintiff orally agreed with defendant...

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