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SROUR v. DWELLING QUEST CORP.

11 A.D.3d 36 (2004)

781 N.Y.S.2d 515

MARCO SROUR, Respondent, v. DWELLING QUEST CORP., Appellant.

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

September 9, 2004.

Attorney(s) appearing for the Case

Frederic Walker, New York City, for appellant.

Law Offices of Steven M. Nachman, New York City (Steven M. Nachman of counsel), for respondent.

Concur NARDELLI, J.P., and TOM, J., concur with SAXE, J.; MAZZARELLI and LERNER, JJ., dissent in a separate opinion by MAZZARELLI, J.

OPINION OF THE COURT

SAXE, J.

This appeal concerns the point at which a real estate broker earns its commission, and whether a commission properly earned can be subsequently negated due to an intervening change in the premises' condition. It also requires us to acknowledge an apparent unfairness, and consider who should be held answerable for it.

Plaintiff requested the defendant real estate broker to locate a suitable Manhattan apartment for himself...

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