POSSON v. PRZESTRZELSKI


57 A.D.3d 1301 (2008)

870 N.Y.S.2d 147

RICHARD E. POSSON, Doing Business as POSSON REALTY, Respondent, v. DAVID PRZESTRZELSKI, Appellant. (And a Third-Party Action.)

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

December 24, 2008.


Carpinello, J.

Defendant has two siblings, a brother and a sister, all three of whom are owners as tenants in common of real property in the Town of Minden, Montgomery County. In September 2004, defendant and his sister signed an exclusive listing agreement with plaintiff, a licensed real estate broker, whereby plaintiff would market the property at an asking price of $290,000. Pursuant to the listing agreement, plaintiff was to receive an 8% commission for procuring...

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