GEORGIA MALONE & CO., INC. v. EXTELL DEV. CO.

12835, 158913/12.

118 A.D.3d 591 (2014)

987 N.Y.S.2d 167

2014 NY Slip Op 4581

GEORGIA MALONE & COMPANY, INC., Respondent, v. EXTELL DEVELOPMENT COMPANY et al., Appellants.

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

Decided June 19, 2014.


Plaintiff's entitlement to a broker's commission is established by the real estate contract, which acknowledges plaintiff's performance of services and expressly promises that plaintiff will be paid by the sellers in the subject transaction (Helmsley-Spear, Inc. v New York Blood Ctr., 257 A.D.2d 64, 67 [1st Dept 1999]). However, the contract does not specify the amount of the commission, and there is no separate brokerage agreement...

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