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DOUGLAS ELLIMAN LLC v. TRETTER

No. 184.

20 N.Y.3d 875 (2012)

979 N.E.2d 1178

955 N.Y.S.2d 851

2012 NY Slip Op 7846

DOUGLAS ELLIMAN LLC, Doing Business as PRUDENTIAL DOUGLAS ELLIMAN REAL ESTATE, Respondent, v. FRANKLIN TRETTER et al., Appellants.

Court of Appeals of New York.

Decided November 19, 2012.

Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York City ( Randy J. Heller of counsel), for appellants.

Cole Hansen Chester LLP, New York City ( Michael S. Cole of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered upon the ground it is unnecessary.

In July 2008, Franklin and Sheila Tretter (collectively, the sellers) retained Prudential Douglas Elliman Real Estate to sell their cooperative apartment at 785 Park Avenue in Manhattan. Barbara Lockwood served as the broker for the exclusive listing. The brokerage agreement...

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