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PARKER REALTY GROUP, INC. v. PETIGNY

1419, 105149/06

68 A.D.3d 571 (2009)

2009 NY Slip Op 9389

891 N.Y.S.2d 360

PARKER REALTY GROUP, INC., Respondent, v. A. MICHELLE PETIGNY, Appellant, et al., Defendants.

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

Decided December 17, 2009.

Pursuant to an exclusive broker's agreement between plaintiff real estate broker and defendant A. Michelle Petigny, plaintiff arranged for the sale of property owned by Petigny at 970 Eastern Parkway in Brooklyn to ADDA Management, LLC. The broker's agreement provided that the commission was due and payable at the closing and transfer of title and that "[i]n the event[ ] title does not pass due to the Owner's willful default, commission shall still be deemed earned by [plaintiff...

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