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BESEN & ASSOCIATES, INC. v. BESDINE MANAGEMENT COMPANY

266 A.D.2d 105 (1999)

698 N.Y.S.2d 473

BESEN & ASSOCIATES, INC., Appellant, v. BESDINE MANAGEMENT COMPANY et al., Respondents. (And a Third-Party Action.)

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

Decided November 18, 1999.

Plaintiff movant failed to establish an agreement between itself and defendants entitling it to a commission in connection with the sale of the property in question (see, Lane—The Real Estate Dept. Store v Lawlet Corp., 28 N.Y.2d 36, 44). Indeed, the evidence adduced on the motion established, to the contrary, that there was no meeting of the minds as to the terms and conditions upon which the property was to be sold. Accordingly...

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