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DOUGLAS ELLIMAN, LLC v. EAST COAST REALTORS, INC.

3746, 160945/13.

149 A.D.3d 544 (2017)

2017 NY Slip Op 02932

52 N.Y.S.3d 351

DOUGLAS ELLIMAN, LLC, Appellant, v. EAST COAST REALTORS, INC., Respondent, et al., Defendant.

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

Decided April 18, 2017.

Given that plaintiff represented on the New York State Disclosure Form that it was the buyers' agent, it could not deny that it had an express contract with buyers covering the subject matter of this action (see Real Property Law § 443 [1] [c]; Julien J. Studley, Inc. v New York News, 70 N.Y.2d 628, 629 [1987]). The existence of such an agreement was fatal to plaintiff's quantum meruit and unjust enrichment claims (

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