LESTER MORSE CO., INC. v. 3 HANOVER SQUARE OWNERS CORP.


156 A.D.2d 229 (1989)

Lester Morse Company, Inc., Appellant, v. 3 Hanover Square Owners Corp., Respondent

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

December 14, 1989


The terms of the letter agreement between the parties are clear and unambiguous, and Supreme Court erred in ordering a trial to determine whether payment of plaintiff-appellant's brokerage commission was contingent upon a condition not referred to in the written agreement.

Plaintiff-appellant was retained by defendant-respondent's board of directors as an exclusive broker to obtain a $10 million mortgage commitment. Appellant's commission was

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