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PANETTA v. TONETTI

182 A.D.2d 977 (1992)

Judy Panetta, Respondent, v. Joseph Tonetti, Jr., as Agent and Trustee of a Trust Made by Joseph L. Tonetti, Deceased, et al., Appellants

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

April 9, 1992

Mercure, J.

Plaintiff, a real estate broker, entered into a contract with defendant Estate of Joseph L. Tonetti (hereinafter the estate) under the terms of which plaintiff was to manage certain of the estate's rental properties in exchange for 10% of the gross rents actually received. The contract further provided in relevant part as follows:

"5. [Plaintiff] agrees that she will make good faith efforts and diligently take any and all necessary...

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