Ordered that the judgment and the order entered January 12, 2009, are affirmed, with one bill of costs to the plaintiff.
"`A real estate broker is entitled to recover a commission upon establishing that he or she (1) is duly licensed, (2) had a contract, express or implied, with the party to be charged with paying the commission, and (3) was the procuring cause of the sale'" (Marciano v Ran Oil Co. E., LLC,
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