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PHILIP MEHLER REALTY, INC. v. INSIGNIA FINANCIAL GROUP, INC.

21 A.D.3d 255 (2005)

799 N.Y.S.2d 498

PHILIP MEHLER REALTY, INC., Appellant, v. INSIGNIA FINANCIAL GROUP, INC., et al., Respondents, and NY BROAD HOLDINGS, INC., Defendant and Third-Party Plaintiff-Respondent. 125 BROAD UNIT C LLC, Third-Party Defendant-Respondent.

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

August 4, 2005.

Dismissal of the complaint was warranted, notwithstanding the motion court's failure to give full and proper effect to Schedule I of the parties' agreement concerning the real estate broker's commission. The letter agreement portion of the outside broker agreement between plaintiff and Insignia/Edward S. Gordon Company expressly incorporated the terms of Schedule I, and specifically provided that plaintiff would earn a commission in the event the tenant leased additional...

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