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NRT NEW YORK LLC v. JOHNSON

1200, 154415/15.

142 A.D.3d 825 (2016)

37 N.Y.S.3d 438

NRT NEW YORK LLC, Doing Business as THE CORCORAN GROUP, Appellant, v. NANCY SALE FREY JOHNSON, Respondent.

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

Decided September 15, 2016.

The exclusive brokerage agreement unambiguously made the closing of title an express condition precedent to plaintiff broker's right to its commission (see Corcoran Group v Morris, 107 A.D.2d 622, 623-624 [1st Dept 1985], affd 64 N.Y.2d 1034 [1985]). No closing ever took place, either before or after the agreement terminated, which passed title to any buyer identified during the term of...

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