Ordered that the order is affirmed insofar as appealed from, with costs.
At the core of this dispute is a so-called "binder" allegedly signed May 6, 1986, by the appellant as seller and Mr. Maillius as the buyer of a described parcel of realty. This binder provides that the appellant will pay 5% commission to the plaintiff under certain conditions. The record raises questions of fact as to whether or not this binder contains all of the elements of the actual agreement...
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