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F. RICHARD WOLFF AND SON, INC. v. TUTORA

50 A.D.3d 950 (2008)

856 N.Y.S.2d 241

F. RICHARD WOLFF AND SON, INC., et al., Appellants, v. ANTHONY TUTORA, Doing Business as CRYSTAL HOUSE MANOR, Respondent.

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

Decided April 22, 2008.

Ordered that the notice of appeal from the decision is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed, with costs.

The defendant owned an adult care resident facility and the improved real estate upon which it was situated. On or about June 9, 1999 the defendant entered into a brokerage agreement with the plaintiffs, giving them an exclusive right to sell, as a package...

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