Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the order is affirmed insofar as appealed from, with costs.
Whether the defendants' motion is viewed as one pursuant to CPLR 3211 or 3212, dismissal of the complaint was properly denied. The defendants have not established, as a matter of law, that the plaintiff's commission was contingent upon the closing of title with the potential...
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