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MONAHAN v. LEWIS

51 A.D.3d 1308 (2008)

858 N.Y.S.2d 812

BRIAN MONAHAN et al., Appellants, v. JOSEPH LEWIS, Defendant, and WHITBECK ASSOCIATES, Respondent.

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

Decided May 22, 2008.

Stein, J.

Defendant Whitbeck Associates initially represented defendant Joseph Lewis, the prospective buyer, and—unsolicited by plaintiffs—approached plaintiffs with a specific offer to arrange the sale of their home to Lewis, if they would list it with Whitbeck as the broker. Plaintiffs agreed and executed a listing agreement with Whitbeck. The listing agreement covered only a two-week period, admittedly...

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