Ordered that the order is affirmed, with costs.
Although the plaintiff alleges it earned real estate broker's commissions, it concedes, and documents submitted on defendants' motion to dismiss (see, CPLR 3211 [a] [1], [7]) demonstrate, that the parties agreed that the commissions would be due only "as, if and when title passes except for willful default on the part of" the defendants. The complaint contains no factual allegations indicating that the defendants...
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