WILLIAMS REAL ESTATE CO., INC. v. VIKING PENGUIN, INC.


228 A.D.2d 233 (1996)

644 N.Y.S.2d 19

Williams Real Estate Co., Inc., Respondent, v. Viking Penguin, Inc., et al., Appellants

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

June 11, 1996


We agree with the motion court that there are sufficient factual issues as to the existence of an oral exclusive brokerage agreement concerning certain leasehold space for defendants' consolidated operations. As in our case of Gordon Co. v Tucker Anthony & R.L. Day (162 A.D.2d 319), plaintiff seeks damages for the breach of this alleged oral exclusive agreement to "cover" or "protect" plaintiff with respect to the specific properties...

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