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STEVENS v. ONE YORK PROPERTY, LLC

1542, 108648/08

69 A.D.3d 424 (2010)

892 N.Y.S.2d 386

2010 NY Slip Op 63

BROWN HARRIS STEVENS ON SITE MARKETING AND SALES, LLC, Appellant, v. ONE YORK PROPERTY, LLC, Respondent.

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

Decided January 7, 2010.

Plaintiff established its entitlement to the commission from the sale of apartment 6G at 1 York Street in Manhattan because the parties' sales agency agreement is a divisible contract consisting of several distinct and separate items (see Chiarizia v Xtreme Rydz Custom Cycles, 43 A.D.3d 1353, 1354 [2007]). Although there is no legitimate question as to the amount of the commission plaintiff should be paid for the apartment sale,...

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