ROBERT K. FUTTERMAN & ASSOCIATES, LLC v. BOERUM COMMERCIAL, LLC

2014-02615, Index No. 3269/13.

134 A.D.3d 690 (2015)

21 N.Y.S.3d 295

2015 NY Slip Op 08819

ROBERT K. FUTTERMAN & ASSOCIATES, LLC, Appellant, v. BOERUM COMMERCIAL, LLC, et al., Defendants, and NEW YORK COMMUNITY BANK, Respondent.

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

Decided December 2, 2015.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant New York Community Bank to discharge the notice of lien and to dismiss the seventh cause of action insofar as asserted against it is denied.

In December 2010, the plaintiff, a real estate broker, entered into a commission agreement with the former owners of the subject real property, and in May 2012, they entered into a modified commission agreement. The plaintiff subsequently...

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