HOWARD CARR COMPANIES, INC. v. TECH VALLEY PLAZA, LLC

508599.

74 A.D.3d 1534 (2010)

902 N.Y.S.2d 250

THE HOWARD CARR COMPANIES, INC., Doing Business as THE HOWARD GROUP, Respondent, v. TECH VALLEY PLAZA, LLC, Appellant.

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

Decided June 10, 2010.


Egan Jr., J.

In August 2006, defendant retained plaintiff, a real estate brokerage firm, to market, for sale or lease, a 27-acre parcel of real property in Rensselaer County. The exclusive listing agreement signed by both parties identified defendant as the owner of the property and provided for plaintiff to be paid—by the owner—a commission of 5% of the sale price if the property was sold or a fee of $4 per square foot if the property was leased. Although...

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