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CS EMPIRE REALTY, LLC v. HUSSAIN

2016-01402. Index No. 703661/15.

150 A.D.3d 1075 (2017)

2017 NY Slip Op 04096

52 N.Y.S.3d 664

CS EMPIRE REALTY, LLC, Respondent, v. DELWAR HUSSAIN et al., Appellants, et al., Defendant.

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

Decided May 24, 2017.

Ordered that the order is affirmed, with costs.

On June 5, 2013, the plaintiff (hereinafter the broker) entered into a commission agreement with the defendants Delwar Hussain and Delco Properties, LLC (hereinafter together the sellers), to sell premises located in Jackson Heights, Queens. The commission agreement provided that a $320,000 commission was due and payable to the broker "upon consumption [sic] of the transaction at closing."

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