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MORTGAGE MONEY UNLIMITED, LTD. v. SCHAFFER

1 A.D.3d 773 (2003)

766 N.Y.S.2d 626

MORTGAGE MONEY UNLIMITED, LTD., Respondent, v. WALTER J. SCHAFFER et al., Appellants.

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

November 13, 2003.

Crew III, J.

On November 1, 1995, defendants entered into a broker fee agreement with plaintiff, pursuant to the terms of which plaintiff was to, inter alia, assist defendants in obtaining a mortgage secured by certain real property located in the Town of Vestal, Broome County. A brokerage fee in the amount of $4,875 was to be included in and paid out of the underlying mortgage at closing. Although a mortgage was obtained and the contemplated closing took place, for...

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