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STEVE ELLIOT, LLC v. FOXBORO

2008-1755 K C.

28 Misc.3d 38 (2010)

905 N.Y.S.2d 821

STEVE ELLIOT, LLC, Appellant, v. FOXBORO PRODUCTIONS, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 4, 2010.

Attorney(s) appearing for the Case

Steve Elliot Eluto , Brooklyn, for appellant.

Kagan Lubic Lepper Lewis Gold & Colbert, LLP, New York City ( Emil A. Samman of counsel), for respondent.

GOLIA and STEINHARDT, JJ., concur; WESTON, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed without costs and defendant's motion for summary judgment is denied.

Plaintiff brought this commercial claims action seeking to recover the sum of $5,000 for a commission allegedly due pursuant to an oral real estate brokerage contract. In support of defendant's motion for summary judgment dismissing the action, defendant's president...

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