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SHOLOM & ZUCKERBROT REALTY CORP. v. 101 FLEET PLACE ASSOCS.

206 A.D.2d 965 (1994)

615 N.Y.S.2d 148

Sholom & Zuckerbrot Realty Corp., Appellant, v. 101 Fleet Place Associates et al., Respondents

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

July 15, 1994

Order unanimously reversed on the law with costs, cross motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendants' cross motion for summary judgment because there are triable issues of fact with respect to plaintiff's entitlement to a broker's commission as a result of an implied contract (see, Briggs v Rector, 88 A.D.2d 778; Smyczynski v Goeseke,

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