The IAS Court correctly held that defendant's obtaining of a RPAPL 749 warrant for the tenant's removal did not "terminate" the tenancy for purposes of the parties' real estate brokerage commission contract. While that contract provided that the commission was contingent upon the tenant's continued occupancy, and defendant obtained a warrant of eviction prior to the commission's agreed upon payout schedule, defendant's so-ordered stipulation with tenant, which stayed the...
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