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JACOB v. O'BRIEN

252 A.D.2d 515 (1998)

675 N.Y.S.2d 285

Joseph Jacob, Doing Business as Sheila Berg Realty, Appellant, v. Patricia O'Brien, Respondent

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

July 13, 1998

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendant's proof was sufficient to make out a prima facie case that there was no meeting of the minds as to the sale of her residence and that the plaintiff therefore had not earned a commission. The plaintiff failed to produce evidentiary proof in admissible form establishing the existence of a material question of fact. Thus...

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