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PRIME COMMERCIAL, L.L.C. v. ROGNER

52 A.D.3d 1097 (2008)

861 N.Y.S.2d 435

PRIME COMMERCIAL, L.L.C., Doing Business as COLDWELL BANKER COMMERCIAL PRIME PROPERTIES, INC., Respondent, v. JAMES S. ROGNER et al., Appellants.

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

Decided June 19, 2008.

Mercure, J.P.

Plaintiff, a real estate broker, commenced this action after defendants allegedly refused to pay an agreed-upon broker's fee of approximately $81,000. In June 2001, defendants contracted to sell their property in the Town of Malta, Saratoga County, to the nonparty purchaser, Prime Management, LLC. The contract stated that defendants were represented by counsel and that the agreement was contingent upon counsel's approval. In addition, the contract of...

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