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SPRE REALTY, LTD. v. DIENST

651671/13, 4897A, 4897.

155 A.D.3d 433 (2017)

65 N.Y.S.3d 2

2017 NY Slip Op 07775

SPRE REALTY, LTD., Appellant, v. DANIEL DIENST et al., Respondents.

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

Decided November 9, 2017.

In dismissing the cause of action for breach of implied contract, the motion court properly concluded that plaintiff failed to establish any triable issue of fact whether defendants employed plaintiff's agent, Susan Penzner, because the evidence established that the parties expected the seller to pay any commission (Julien J. Studley, Inc. v New York News, 70 N.Y.2d 628, 629 [1987]; Brener & Lewis Mgt. v Engel,

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