OLD OAK REALTY, INC. v. POLIMENI


232 A.D.2d 536 (1996)

648 N.Y.S.2d 665

Old Oak Realty, Inc., Respondent, v. Vincent Polimeni et al., Appellants

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

October 21, 1996


Ordered that the order is reversed, on the law, with costs, the defendants' motion for partial summary judgment is granted, and the first and third causes of action are dismissed.

The defendants, as purchasers of real property, contracted to pay the plaintiff a brokerage fee of $185,400 pursuant to a commission agreement dated February 11, 1988. The plaintiff commenced this action to recover, inter alia, the balance of $35,400 which is allegedly due under the...

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