The written brokerage agreement, memorializing the parties' existing relationship, was drafted by defendant so as to include certain exclusivity provisions, with the end result that plaintiff would receive nearly $1,500,000 in largely unearned commissions, whereas plaintiff had only received $1,068.89 during the similar sales period a year before. On this record, the IAS Court properly determined defendant had overcome the heavy presumption that the written agreement represented...
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