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SABBAGH v. PANTANO

170 A.D.2d 411 (1991)

George Sabbagh, Respondent, v. Joseph Pantano, Appellant

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

February 28, 1991

Plaintiff, a real estate broker, entered into an "exclusive" brokerage agreement to sell defendant's house for a period of six months. Although defendant sold his house during that six month period, he refused to pay plaintiffs commission, contending that he and plaintiff orally modified the brokerage agreement to exclude any sale to this ultimate purchaser. No bona fide material questions of fact exist which preclude the grant...

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