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ROSEN ASSOCIATES MANAGEMENT CORP. v. BRUCKNER PLAZA ASSOCIATES

294 A.D.2d 556 (2002)

743 N.Y.S.2d 282

ROSEN ASSOCIATES MANAGEMENT CORP., Appellant, v. BRUCKNER PLAZA ASSOCIATES et al., Respondents, et al., Defendant.

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

Decided May 28, 2002.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the plaintiff's first cause of action to recover a brokerage commission with respect to the transaction whereby the defendant Caldor Corporation (hereinafter Caldor) took possession of space at the Bruckner Plaza Shopping Center (hereinafter the Center), pursuant to two agreements with the defendant Bruckner Plaza Associates (hereinafter BPA). Although...

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