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HGCD RETAIL v. 44-45 BROADWAY

37 A.D.3d 43 (2006)

826 N.Y.S.2d 190

HGCD RETAIL SERVICES, LLC, Respondent, v. 44-45 BROADWAY REALTY CO. et al., Appellants.

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

November 28, 2006.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel, Warren A. Estis and William J. Robbins of counsel), for appellants.

Schneider Goldstein Bloomfield LLP, New York City (Harvey N. Goldstein and Donald F. Schneider of counsel), for respondent.

SAXE, J.P., MARLOW, GONZALEZ and CATTERSON, JJ., concur.

OPINION OF THE COURT

McGUIRE, J.

This appeal arises from the grant of summary judgment to plaintiff HGCD Retail Services, LLC (HGCD) in an action it commenced to obtain a commission in a failed real estate transaction. Under the terms of the controlling written agreement, HGCD is not entitled to a commission. Accordingly, we modify to dismiss the complaint in its entirety.

Defendants 44-45 Broadway Realty Co. (Broadway) and Bowtie Management Co....

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