Ordered that the order is affirmed, with costs.
The defendant made out a prima facie showing of entitlement to judgment as a matter of law. An examination of the plaintiff's affidavit in opposition to the defendant's motion for summary judgment indicates that the plaintiff has not raised any triable issues of fact. The plaintiff's claim for a broker's commission under an oral, nonexclusive, brokerage contract was without merit, because the plaintiff failed to establish...
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