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EASTERN COMMERCIAL REALTY CORP. v. FUSCO

No. 43, 1994.

654 A.2d 833 (1995)

EASTERN COMMERCIAL REALTY CORP.; M. Alan Fineberg; Bariglio & Associates; and Anthony Bariglio, Plaintiffs Below, Appellants, v. Anthony N. FUSCO, Catherine A. Fusco; Fusco Enterprises; Franklin Realty Co., Inc.; Shopping Center Associates, L.P.; and Frank J. Vassallo, III, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 3, 1995.

Attorney(s) appearing for the Case

David S. Lank of Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, for plaintiffs-appellants.

Francis S. Babiarz of Biggs & Battaglia, Wilmington, for defendants-appellees.

Before VEASEY, C.J., WALSH and HARTNETT, JJ.

HARTNETT, Justice.

In this appeal we affirm the Superior Court's holding that Regulation IX.A of the Delaware Real Estate Commission bars any recovery for a payment based on an oral agreement to pay a commission or finder's fee in connection with a real estate transaction. We also affirm the Superior Court's refusal to permit an amendment to the complaint to assert a belated claim of fraud.

I.

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