COMVEST CONSULTING, INC. v. W.R.S.B. DEVELOPMENT COMPANY, L. L. C.


266 A.D.2d 890 (1999)

698 N.Y.S.2d 807

COMVEST CONSULTING, INC., Respondent, v. W.R.S.B. DEVELOPMENT COMPANY, L. L. C., Appellant. (Appeal No. 1.)

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

Decided November 12, 1999.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiff's motion for summary judgment on the issue of defendant's liability for brokerage commissions. Plaintiff's submissions established a prima facie entitlement to the brokerage fees. Defendant's contention that plaintiff is not entitled to the commissions because no brokerage commission agreement exists is without merit. "In the absence of a contract, express or implied...

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