Order, Supreme Court, New York County (Debra A. James, J.), entered May 2, 2013, which denied defendants' motion for summary judgment, and declared that pursuant to the agreement between plaintiff and defendant 21-45 44th Drive LLC, defendants are entitled to reimbursement for the subject advances at a rate of 20% of the commissions payable to plaintiff but are not entitled to otherwise withhold commissions due under the agreement, unanimously affirmed, with costs.
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