STIEFVATER REAL ESTATE, INC. v. HIMBAUGH III


42 A.D.3d 525 (2007)

840 N.Y.S.2d 119

STIEFVATER REAL ESTATE, INC., Respondent, v. LYLE B. HIMBAUGH III, Appellant.

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

Decided July 24, 2007.


Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the evidence adduced at trial supports the Supreme Court's findings that the defendant expressly agreed to pay any introducing broker a finder's fee of 2% for referring a purchaser to him, and that the plaintiff earned that fee by referring the eventual purchasers to the defendant. Moreover, we discern no basis to disturb the Supreme Court's credibility determinations (see...

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