P. ZACCARO, CO., INC. v. DHA CAPITAL, LLC

5537, 652141/15.

157 A.D.3d 602 (2018)

70 N.Y.S.3d 458

2018 NY Slip Op 00458

P. ZACCARO, CO., INC., et al., Appellant, v. DHA CAPITAL, LLC, et al., Defendants, and DING K. WAI, Also Known as JOHN WAI, et al., Respondents.

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

Decided January 25, 2018.


Plaintiff P. Zaccaro, Co., Inc., a real estate broker for the seller, seeks a commission for the sale of a certain parcel of property. The motion court correctly dismissed the amended complaint, as Zaccaro also acted as a broker for the buyer of the property (former defendant DHA Capital, LLC), and therefore engaged in an impermissible dual agency without full disclosure (see Douglas Elliman LLC v Tretter,

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