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XIU CHAI SHI v. LEASE

2015-2400 ORC.

55 Misc.3d 34 (2017)

50 N.Y.S.3d 789

2017 NY Slip Op 27016

XIU CHAI SHI, Appellant, v. JOHN J. LEASE, Doing Business as JOHN J. LEASE REALTORS, Respondent, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

Decided January 20, 2017.

Attorney(s) appearing for the Case

Wise & Chanin, Goshen ( Geoffrey E. Chanin of counsel), for appellant.

Bloom & Bloom, P.C., New Windsor ( Daniel J. Bloom of counsel), for respondent.

TOLBERT, J.P., IANNACCI and BRANDS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, and the matter is remitted to the City Court for a new trial before a different judge.

This small claims action involves a dispute as to a $3,300 brokerage fee, which is being held by plaintiff's former attorney, defendant stakeholder John E. Bach. At a nonjury trial, whereas defendant John J. Lease testified that...

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