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ROBISON v. SWEENEY

301 A.D.2d 815 (2003)

753 N.Y.S.2d 583

RONALD O. ROBISON et al., Respondents, v. M. DANIEL SWEENEY, Defendant, and KATHLEEN SWEENEY, Appellant. (Action No. 1.) NANCY NAJER, Individually and Doing Business as NAJER REALTY, Respondent, v. KATHLEEN SWEENEY, Appellant, et al., Defendant. (Action No. 2.)

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

Decided January 16, 2003.

Kane, J.

Defendants jointly owned property located at Crystal Lake in the Town of Horicon, Warren County. In July 2000, defendants listed the property for sale with plaintiff Nancy Najer of Najer Realty whereby they agreed to pay a 6% commission upon the sale of the property. The price, initially listed at $550,000, was reduced to $495,000. No furniture was listed with the house. In September 2000, Najer sent defendants a proposed contract executed by plaintiffs Ronald...

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