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SIMONS v. NORTH OCEANIC SEC. CO., INC.

161 A.D.2d 555 (1990)

Robert Simons, Respondent, v. North Oceanic Securities Co., Inc., Appellant

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

May 31, 1990

Plaintiff's assignor, a real estate broker, effectuated the sale of a large parcel of land owned by defendant's predecessor-in-interest. The agreement for the payment of brokerage commissions provided, generally, that the broker would be entitled to 10% of the amounts paid "under" the purchase-money mortgage. Plaintiff received payments representing part of the commission due on closing and, thereafter, was paid moneys derived from...

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