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MATHERSON v. CALDERONE

190 Misc.2d 775 (2001)

739 N.Y.S.2d 876

GEOFFREY S. MATHERSON & ASSOCIATES, LTD., Respondent, v. LOUIS CALDERONE et al., Defendants and Third-Party Plaintiffs-Appellants. JAMES A. NETTER REAL ESTATE, INC., et al., Third-Party Defendants.

Supreme Court, Appellate Term, Second Department.

December 6, 2001.

Attorney(s) appearing for the Case

James T. Murphy, Floral Park, for defendants and third-party plaintiffs-appellants.

Bernard A. Nathan, Hauppauge, for respondent.

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed without costs and complaint dismissed.

Plaintiff, a licensed real estate broker and member of the Multiple Listing Service (MLS), instituted this action to recover its share of a commission allegedly due as the result of a sale of defendants' premises. Plaintiff alleged that it was the procuring cause of the sale as it was instrumental...

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