Ordered that the order is affirmed insofar as appealed from, with costs.
In this action to recover a real estate broker's commission, the Supreme Court properly denied the plaintiff's cross motion for summary judgment on his complaint. "To earn a commission, a broker must prove that he or she had a contract, either express or implied, with the party to be charged with paying the commission and that he or she was the procuring cause of the sale" (Dagar Group, Ltd...
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