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FIRST NEW YORK REALTY CO., INC. v. DeSETTO

237 A.D.2d 219 (1997)

655 N.Y.S.2d 937

First New York Realty Co., Inc., Respondent, v. Frank DeSetto, Defendant, and Francar Corp., Appellant

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

March 27, 1997

In this action to recover the balance of a real estate brokerage fee, plaintiff's motion for summary judgment was improperly granted. While defendants concede that they orally agreed to pay plaintiff a commission of $165,250, or 5% of the entire 16½ year lease value, the parties disagree as to the payment schedule of the commission. Plaintiff contends that the oral agreement required 55 consecutive installment payments of...

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