Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 3, 2013, which, to the extent appealed from, denied defendant's motion to dismiss the first and third causes of action, unanimously modified, on the law, to grant the motion to the extent of dismissing the third cause of action, and otherwise affirmed, without costs.
Plaintiff, seeking to recover a real estate brokerage fee, alleges that, although it performed under the parties' agreement by...
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