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JULIEN J. STUDLEY, INC. v. LEVY FASHION CENTER ASSOCIATES

268 A.D.2d 218 (2000)

700 N.Y.S.2d 459

JULIEN J. STUDLEY, INC., Appellant, v. LEVY FASHION CENTER ASSOCIATES et al., Respondents.

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

Decided January 4, 2000.

The contract pursuant to which plaintiff was retained to broker the sale of certain commercial real estate does not by its terms obligate defendants to pay plaintiff a brokerage commission and, given the existence of an express agreement governing payment of brokerage commissions for the sale of the subject realty, the motion court correctly held that no obligation on the part of defendants to pay plaintiff a commission for the sale of the subject realty might be implied...

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